Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ruiz v. State

Court of Appeals of Indiana

November 29, 2017

Alan Ruiz, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Clark Circuit Court The Honorable Joseph P. Weber, Judge Trial Court Cause No. 10C03-1605-CM-1130

          ATTORNEY FOR APPELLANT Justin B. Mills Mills Law Office Marengo, Indiana.

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Caryn N. Szyper Deputy Attorney General Indianapolis, Indiana.

          PYLE, JUDGE

         Statement of the Case

         [¶1] Alan Ruiz ("Ruiz") appeals his conviction, following a bench trial, for Class B misdemeanor public intoxication.[1] Ruiz argues that there was insufficient evidence to support his conviction. Because the evidence and reasonable inferences show that Ruiz was intoxicated in a public place and in imminent danger of breaching the peace, we affirm his conviction.

         [¶2] We affirm.[2]

         Issue

         Whether sufficient evidence supports Ruiz's conviction.

         Facts

         [¶3] The facts most favorable to the judgment reveal that, during the morning hours of May 6, 2016, Ruiz and some friends, who all lived in the King Solomon apartments ("the apartments") in Clark County, were drinking alcohol while sitting at some picnic tables at a Rally's restaurant that was adjacent to the apartments. That day, within a two-hour window of time, officers from the Jefferson Police Department were dispatched to the apartments on three separate occasions for complaints regarding Ruiz.

         [¶4] The first dispatch occurred at 1:17 p.m. and the complaint was that the "subject was yelling racial slurs at the caller" and "drinking vodka in the grass area at Rally's." (Tr. Vol. 2 at 31). The responding officers told Ruiz that he was "not allowed to be outside" and instructed him to go to and remain in his apartment. (Tr. Vol. 2 at 27).

         [¶5] The second dispatch call occurred, twenty-two minutes later, at 1:39 p.m. The complaint for this second call was that an "intoxicated subject" was in the hallway "causing a disturbance[.]" (Tr. Vol. 2 at 31). The responding officers "advised [Ruiz] to stay in his apartment" and warned him that "if they received another call that he would be incarcerated." (Tr. Vol. 2 at 31).

         [¶6] The third dispatch call occurred two hours later, at approximately 3:40 p.m., and this dispatch call was based on a complaint that an "intoxicated male subject" had been "creating a disturbance with some residents nearby there." (Tr. Vol. 2 at 9). Officer Alyssa Wright ("Officer Wright"), who responded to the call, was aware that this was the third dispatch to the apartment complex for complaints about Ruiz. Officer Wright had been given a specific description of the suspect and was informed that he was walking in a grassy area near the apartments and the Rally's restaurant.

         [¶7] When Officer Wright arrived at the scene, she saw Ruiz walking in the grass near the Rally's and noticed that he was "swaying back and forth" and having "a lot of trouble keeping his balance." (Tr. Vol. 2 at 10). A few of the apartment residents, who were approximately two hundred feet away from Ruiz, pointed toward Ruiz and yelled to inform the officer that "that was the guy[, ]" who had "yell[ed] obscene things in their direction and to them." (Tr. Vol. 2 at 13). In response to the residents' pointing, Ruiz "start[ed] yelling at them." (Tr. Vol. 2 at 14).

         [¶8] When Officer Wright approached Ruiz to speak to him, she saw that he had "extremely red, glassy . . . blood shot eyes" and noticed that his "speech was extremely slow and slurred." (Tr. Vol. 2 at 10). She also noticed that Ruiz smelled of an alcoholic beverage and that he had a pint-sized bottle of vodka in his jeans pocket. Officer Wright gave Ruiz a portable breath test. Ruiz initially refused to give the officer his name. He was "furious" and had a "little attitude" with her. (Tr. Vol. 2 at 28, 29). Based on Ruiz's intoxication and the circumstances, including the "first shift officers having gone out on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.