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.

Hill v. State

Court of Appeals of Indiana

April 25, 2019

Clark Allen Hill, Appellant-Petitioner,
v.
State of Indiana, Appellee-Respondent.

          Appeal from the Hamilton Superior Court The Honorable Gail Z. Bardach, Judge Trial Court Cause No. 29D06-1802-CM-1086

          Attorney for Appellant James D. Crum Coots, Henke & Wheeler, P.C. Carmel, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana

          KIRSCH, JUDGE.

         [¶1] Clark Allen Hill ("Hill") was convicted of Operating a Vehicle with an alcohol concentration equivalent ("ACE") of .15 or more, [1] a Class A misdemeanor, and was adjudicated as an Habitual Vehicle Substance Offender[2] ("HVSO"). Hill raises one issue, which we restate as whether the enhancement of his conviction for operating while intoxicated ("OWI") by his adjudication as a HVSO violates the federal constitution's prohibition against double jeopardy.

         [¶2] We affirm.

         Facts and Procedural History

         [¶3] On February 11, 2018, Hill was stopped for speeding by a Westfield, Indiana police officer. Tr. Vol. II at 13. Hill showed signs of intoxication, so the officer conducted field sobriety tests, which Hill failed. Id. Hill submitted to a portable breath test, which indicated that he had consumed alcohol. Id. at 13-14. A certified chemical test later showed that Hill had an ACE of .153 grams of alcohol per 210 liters of his breath. Id. at 14. Hill was charged with Operating a Vehicle with an ACE of .15 or more, a Class A misdemeanor, and OWI as a Class C misdemeanor.[3] Appellant's App. Vol. 2 at 11.

         [¶4] Years before, Hill had been convicted of similar charges in 1995, 2001, and 2010. Tr. Vol. II at 14-15. Accordingly, the State charged Hill as an HVSO, citing the following prior convictions: 1) a 1995 Marion County conviction for Operating a Vehicle with a BAC of .10 or more, a Class C misdemeanor ("the 1995 Marion County conviction"); 2) a 2010 Boone County conviction for OWI, Endangering a Person, a Class A misdemeanor ("the 2010 Boone County conviction"); and 3) a 2001 Boone County conviction for OWI, a Class A misdemeanor ("the 2001 Boone County conviction"). Appellant's App. Vol. 2 at 8.

         [¶5] At a July 13, 2018 hearing, Hill pleaded guilty to the Class A misdemeanor charge and admitted to the HVSO charge. Tr. Vol. II at 15-17. In support of the HVSO charge, the State relied on the 1995 Marion County conviction and the 2010 Boone County conviction; it did not rely on the 2001 Boone County conviction because that conviction did not appear on Hill's driving record. Id. at 14-15. The trial court sentenced Hill according to the terms of the plea agreement: one year for the Class A misdemeanor OWI conviction, enhanced by one year for the HVSO adjudication. Id. at 18; Appellant's App. Vol. 2 at 43-48.

         [¶6] On September 7, 2018, Hill filed a motion to correct erroneous sentence, alleging that the convictions used to support the HVSO enhancement were previously used to support an earlier habitual substance offender enhancement, and were therefore ineligible to support the current enhancement. Appellant's App. Vol. 2 at 53-70. Specifically, Hill alleged that the 1995 Marion County conviction used in this case to support his HVSO status was used to support his habitual substance offender adjudication for the 2010 Boone County conviction. Id. at 55, 59-60. On October 4, 2018, the trial court denied Hill's motion to correct erroneous sentence. Id. at 7, 84. Hill now appeals.

         Discussion and Decision[4]

         [¶7] Hill contends the trial court abused its discretion in denying his motion to correct erroneous sentence, arguing that the use of the 1995 Marion County conviction to support his HVSO adjudication and sentence enhancement violated the double jeopardy prohibition because that conviction was earlier used to support his habitual substance offender adjudication for the 2010 Boone County conviction.[5]

         [¶8] In reviewing a trial court's decision on a motion to correct erroneous sentence, we defer to the trial court's factual findings and review the decision for an abuse of discretion. Koontz v. State, 975 N.E.2d 846, 848 (Ind.Ct.App. 2012). An abuse of discretion occurs when the trial court's decision is against the logic and effect of the facts and circumstances before it. Id. As to post-conviction matters, an appeal from the denial of post-conviction relief is an appeal from a negative judgment. Chism v. State, 807 N.E.2d 798, 801 (Ind.Ct.App. 2004). Thus, an appellant must show that the evidence as a whole leads unerringly ...


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.