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State v. Lindauer

Court of Appeals of Indiana

June 20, 2018

State of Indiana, Appellant-Plaintiff,
v.
Nicolas Lindauer, Appellee-Defendant

          Appeal from the Warrick Circuit Court Trial Court Cause No. 87C01-1604-F6-138 The Honorable Greg Granger, Judge

          Attorneys for Appellant Curtis T. Hill, Jr. Attorney General of Indiana Larry D. Allen Andrew A. Kobe Deputy Attorney General Indianapolis, Indiana Attorney for Appellee

          Mark K. Phillips Boonville, Indiana

          MAY, JUDGE.

         [¶1] The State of Indiana appeals the trial court's grant of Nicholas Lindauer' motion to dismiss the charges against him pursuant to Indiana Criminal Rule 4(C). The State argues the trial court erred in granting Lindauer's motion because the calendar year in which the State needed to bring Lindauer to trial had not expired. Because Lindauer requested nearly all the continuances that had occurred in the year after the State charged Lindauer, the State's year in which to try Lindauer had not expired. Accordingly, we reverse and remand.

         FACTS AND PROCEDURAL HISTORY

         [¶2] On April 6, 2016, the State charged Lindauer with a Class C misdemeanor operating a vehicle with an alcohol concentration equivalent (ACE) of .08 or more, [1] Class C misdemeanor operating a vehicle while intoxicated, [2] Class B misdemeanor possession of marijuana, [3] Class C misdemeanor possession of paraphernalia, [4] and Level 6 felony operating a vehicle with an ACE of .08 or more.[5] During the hearing of April 25, 2016, Lindauer waived the formal reading of the charges and requested the trial court "authorize a specialized driving permit." (Tr. Vol. II at 4.) Finding no objection from the State, the trial court granted Lindauer's request the same day and set the case for a progress hearing on June 27, 2016.

         [¶3] On June 23, 2016, Lindauer moved to continue the progress hearing scheduled for June 27, 2016, "due to Attorney Phillips having a confirmed Jury Trial in another jurisdiction." (Appellant's App. Vol. II at 3.) The trial court granted the motion and reset the hearing to August 22, 2016.

         [¶4] On August 22, 2016, the trial court conducted a progress hearing. Lindauer explained that plea negotiations were ongoing and stated that "we have a shot at getting this resolved[.]" (Tr. Vol. II at 6.) The CCS states: "On Defendant's motion matter is reassigned for Progress Hearing on October 24, 2016." (Appellant's App. Vol. II at 3.)

         [¶5] At the hearing of October 24, 2016, Lindauer referenced the continuing negotiations and requested the hearing to be reset "for an anticipated plea." (Tr. Vol. II at 6.) Accordingly, the CCS reflects: "On Defendant's motion matter is reassigned for progress hearing on November 14, 2016 [] for possible plea." (Appellant's App. Vol. II at 3.)

         [¶6] On November 14, 2016, the parties informed the trial court that no plea had been reached. Lindauer moved to set the case for a later progress hearing, to which the State acquiesced. The court offered January 30, 2017, to which Lindauer responded: "Sounds great." (Tr. Vol. II at 7.)

         [¶7] On January 30, 2017, the court conducted a progress hearing. Essentially as soon as the court called the case, Lindauer requested the court reset the case for February 27, 2017, because "[w]e're on our third version of the plea agreement." (Id. at 8.) After brief discussion of the single term of the plea that divided the parties, Lindauer said: "So if we can set it for the 27th that'd be my request. We're gonna resolve it I believe. . . . And I assume the Court'll either accept or reject and set it for Trial." (Id.) "On Defendant's motion matter is reassigned for February 27, 2017." (Appellant's App. Vol. II at 4.)

         [¶8] At the February progress hearing, Lindauer advised the trial court that he "pitched a potential resolution to [the State]. [The State] wants to do some investigation on its own. And I think we're gonna set up a time to chat with each other about it." (Tr. Vol. II at 9.) Accordingly, "[o]n Defendant's motion matter is reassigned for March 20, 2017." (Appellant's App. Vol. II at 4.)

         [¶9] Again, during the March hearing, Linduaer notified the court that they "just need a date a couple weeks out" to come to a resolution with the State. (Tr. Vol. II at 9.) Therefore, "[o]n Defendant's motion matter is reassigned for ...


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