Jordan B. Wadle, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.
Appeal
from the Fayette Superior Court The Honorable J. Steven Cox,
Special Judge Trial Court Cause No. 21D01-1511-F3-912
ATTORNEY FOR APPELLANT Cara Schaefer Wieneke Wieneke Law
Office, LLC Brooklyn, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Caroline G. Templeton Deputy Attorney General
Indianapolis, Indiana
MATHIAS, JUDGE.
[¶1]
Following a jury trial in Fayette Superior Court, Jordan B.
Wadle ("Wadle") was convicted of Level 3 felony
leaving the scene of an accident, Level 5 felony operating a
vehicle while intoxicated ("OWI") causing serious
bodily injury, Level 6 felony OWI endangering a person, and
Class C misdemeanor operating a vehicle with an alcohol
concentration equivalent ("ACE") of 0.08 or
more.[1]On appeal, Wadle contends that his
convictions for leaving the scene of an accident and driving
while intoxicated constitute impermissible double jeopardy.
[¶2]
We affirm in part, reverse in part, and remand.
Facts
and Procedural History
[¶3]
On November 12, 2015, the victim in this case, Charles
Woodward ("Charles") and his wife Nancy went to a
bar in Connersville, Indiana with Charles's brother Ed
and Ed's wife Nisa. While Nisa spoke with a friend at the
bar, Wadle smacked her back. When Nisa objected, Wadle stated
that the next time he smacked Nisa, he would smack her
"lower," apparently referring to her buttocks. Tr.
Vol. I, p. 114. Nisa responded that her husband Ed would not
like it if Wadle smacked her bottom, which prompted Wadle to
state that he was not afraid of Nisa's husband and would
beat him up. At some point thereafter, Nisa informed Ed of
Wadle's behavior and comments. Ed went outside to the
parking lot to confront Wadle as Wadle prepared to leave.
Charles, seeing that his brother was upset, followed Ed
outside.
[¶4]
When Charles went outside, he saw Ed standing near a group of
people that included a now-shirtless Wadle. Neither Charles
nor anyone else struck Wadle, but Wadle attacked Charles by
hitting and kicking him. Wadle then got into his car and
began to back his car out of the parking lot, driving in
reverse through the group of people that had gathered. Wadle
then drove his car at Charles, who had turned to re-enter the
bar. Wadle struck Charles with his car, knocking him to the
ground. Charles attempted to get back up, but Wadle struck
him again, knocking him underneath the guardrail near the
outside wall of the bar. Wadle drove away, and Ed telephoned
911.
[¶5]
Local police then began to look for Wadle and soon spotted
him a few miles outside of Connersville. The police initiated
a traffic stop and noted the smell of alcohol coming from
Wadle. They also noticed that he had bloodshot eyes, slurred
speech, and was unsteady on his feet. The police took Wadle
to a hospital for a blood draw, which revealed that
Wadle's blood alcohol level was 0.14.
[¶6]
As a result of being hit by Wadle's car, Charles suffered
serious injuries. His skull was fractured, and he had
bleeding on the brain. Charles had to undergo surgery that
involved the removal of a portion of his skull and the
insertion of a metal plate. He also sustained broken ribs,
which necessitated two surgeries. Charles was placed in an
induced coma and spent a total of sixty days in the hospital
and twenty-one additional days at a rehabilitation center.
[¶7]
On November 16, 2015, the State charged Wadle with Count I,
Level 3 felony aggravated battery; Count II, Level 3 felony
leaving the scene of an accident; Count III, Level 6 felony
OWI causing serious bodily injury; Count IV, Class A
misdemeanor OWI endangering a person; and Count V, Class A
misdemeanor operating a motor vehicle with an ACE of 0.15 or
more. On March 1, 2018, the State filed amendments to the
charging information alleging that Wadle had a previous
conviction for OWI, thereby elevating Count III to a Level 5
felony and Count IV to a Level 6 felony. The State also
amended Count V to allege that Wadle committed Class C
misdemeanor operating a motor vehicle with an ACE of 0.08 or
more but also filed a Part II to this count, elevating the
charge to a Level 6 felony based on the prior conviction.
[¶8]
A bifurcated jury trial took place on March 12-13, 2018. At
the conclusion of the first phase of the trial, the jury
acquitted Wadle on Count I, but found him guilty on the
remaining counts. Specifically, the jury found Wadle guilty
on Count II as a Level 3 felony, Count III as a Level 6
felony, Count IV as a Class A misdemeanor, and Count V as a
Class C misdemeanor. In the second phase of the trial, Wadle
admitted that he had a prior conviction for OWI and pleaded
guilty to the enhancements of the charges that were based on
his prior conviction.
[¶9]
On May 16, 2018, the trial court sentenced Wadle as follows:
Count II, sixteen years, with two years suspended to
probation; Count III, six years, with two years suspended to
probation; Count IV, two and one-half years, with two years
suspended to probation; and Count V, one year.[2] The court ordered
all sentences to be served concurrently. Wadle now appeals.
I. The
Actual Evidence Test
[¶10]
Wadle claims that his convictions for OWI and leaving the
scene of an accident constitute impermissible double jeopardy
under the Indiana Constitution. Article 1, Section 14 of the
Indiana Constitution provides that "[n]o person shall be
put in jeopardy twice for the same offense." In
Richardson v. State, 717 N.E.2d 32, 49 (Ind. 1999),
our supreme court held that "two or more offenses are
the 'same offense' in violation of Article I, Section
14 of the Indiana Constitution, if, with respect to
either the statutory elements of the challenged
crimes or the actual evidence used to convict, ...