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Springfield v. State

Court of Appeals of Indiana

December 28, 2018

Dwayne A. Springfield, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court The Honorable Alicia Gooden, Judge The Honorable Richard Hagenmaier, Commissioner Trial Court Cause No. 49G21-1612-F2-47464

          ATTORNEY FOR APPELLANT Valerie K. Boots Indianapolis, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Henry A. Flores, Jr. Deputy Attorney General Indianapolis, Indiana

          RILEY, JUDGE.

         STATEMENT OF THE CASE

         [¶1] Appellant-Defendant, Dwayne Springfield (Springfield), appeals his conviction for one Count of possession of cocaine and a firearm, a Level 4 felony; one Count of possession of a narcotic drug and a firearm, a Level 5 felony, one Count of unlawful possession of a firearm by a serious violent felon (SVF), a Level 4 felony; one Count of battery resulting in bodily injury to an officer; a Level 5 felony; one Count of resisting law enforcement, a Class A misdemeanor; one Count of possession of marijuana, a Class B misdemeanor.

         [¶2] We affirm in part, reverse in part, and remand with instructions.

         ISSUE

         [¶3] Springfield presents a single issue on appeal, which we restate as follows: Whether his conviction for Level 4 felony possession of cocaine and a firearm, Level 5 felony possession of a narcotic drug and a firearm, and Level 4 felony unlawful possession of a firearm by a SVF, violate the Double Jeopardy provision of the Indiana Constitution.

         FACTS AND PROCEDURAL HISTORY

         [¶4] On December 6, 2016, Indianapolis Metropolitan Police Department Officer Christopher Cooper (Officer Cooper), initiated a traffic stop of Springfield's GMC Sierra pickup truck since the license plate did not match the vehicle's description. After Springfield had pulled to the side of the road, Officer Cooper approached the driver's side window and requested Springfield's license and registration. At that point, Officer Cooper detected the smell of "raw marijuana" emanating from the vehicle. (Transcript Vol. II, p. 110). Officer Cooper ordered Springfield out of the vehicle. Springfield did not comply. Officer Cooper opened the door and "grabbed [Springfield's] left wrist and [] guided him out of the vehicle." (Tr. Vol. II, p. 113). For his safety, Officer Cooper tried to handcuff Springfield; however, Springfield "tensed up" and then "tried to run southbound." (Tr. Vol. II, p. 113). Before he had run a great distance, Officer Cooper took Springfield down to the ground. By that time, other officers had arrived at the scene, and they helped with the arrest. Springfield continued to resist arrest and an altercation ensued. During the altercation, Springfield bit one officer and he also struck another officer in the face. Eventually, the officers subdued and handcuffed Springfield.

         [¶5] While patting down Springfield, a .38 revolver handgun was found in Springfield's right sweatshirt pocket. In Springfield's left sweatshirt pocket, there was a sock that had "multiple baggies of narcotics." (Tr. Vol. II, p. 143). The drugs later tested positive for eight grams of crack cocaine, three grams of fentanyl, and one gram of marijuana.

         [¶6] On December 12, 2016, the State filed an Information, charging Springfield with Count I, dealing in cocaine while in possession of a firearm, a Level 2 felony; Count II, possession of cocaine and a firearm, a Level 4 felony; Count III, dealing in a narcotic drug while in possession of a firearm, a Level 3 felony; Count IV, possession of a narcotic drug and a firearm, a Level 5 felony; Count V, unlawful possession of a firearm by a SVF, a Level 4 felony; Counts VI-VII, battery resulting in bodily injury to an officer, Level 5 felonies; Count VIII, resisting law enforcement, a Class A misdemeanor; and Count IX, possession of marijuana, a Class B misdemeanor. Also, the State filed a habitual offender charge against Springfield, alleging that he had accumulated at least two prior unrelated felony convictions.

         [¶7] On April 12, 2018, a trifurcated jury trial was held. The first phase of the trial involved all charges except for the Level 4 felony unlawful possession of a firearm by a SVF and the habitual offender charge. At the close of the evidence, the jury found Springfield guilty on Counts II, IV, V, VI, VIII, and IX. During the second phase, the jury found Springfield guilty of Count V, Level 5 felony unlawful possession of a firearm by a SVF. In the third phase, a bench trial was conducted since Springfield had waived his right to a jury trial. During the hearing, the State presented evidence of ...


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