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Winters v. State

Court of Appeals of Indiana

September 5, 2019

Corey Lamar Winters, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court The Honorable Mark F. Renner, Magistrate Trial Court Cause No. 49G08-1806-CM-18599

          ATTORNEY FOR APPELLANT Darren Bedwell Indianapolis, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana

          Tavitas, Judge.

         Case Summary

         [¶1] Corey Winters appeals his conviction for operating a vehicle with an alcohol concentration equivalent ("ACE") of .08 or more, a Class C misdemeanor, after police discovered Winters sitting in his running vehicle, which was parked halfway in a residential driveway and halfway in the roadway. We affirm.

         Issue

         [¶2] The sole issue before us is whether the evidence is sufficient to support Winters' conviction.

         Facts

         [¶3] At 5:15 a.m. on May 26, 2018, Officer Vincent Marshall with the Indianapolis Metropolitan Police Department ("IMPD") responded to a request for a welfare check on a person parked in a running vehicle in Marion County. Officer Marshall observed a black Chevy suburban in the "two north bound lanes of Lynhurst Drive." Tr. Vol. II p. 6. According to Officer Marshall, "it appeared the suburban had backed into a driveway along the east side of the roadway and the front end of the suburban was sticking out into the east most north bound lane obstructing traffic. So, halfway in the driveway and halfway in the road." Id. The vehicle was running, and it appeared that Winters was sleeping in the driver's seat of the vehicle.

         [¶4] Officer Marshall woke Winters and smelled alcohol on Winters' breath, observed that Winters' eyes were red and watery, and noticed that Winters' speech was slurred. Officer Marshall conducted a horizontal gaze nystagmus test, which Winters failed. Officer Marshall then called Lieutenant Michael DeHart, a member of the DUI task force, to the scene.

         [¶5] Lieutenant DeHart arrived on the scene, put Winters in the back of his police vehicle, and read Winters his Miranda rights. Winters admitted to Lieutenant DeHart that Winters had been out drinking that night. Lieutenant DeHart also smelled alcohol on Winters' breath, observed that Winters' eyes were "blood shot and glassy," and noticed that Winters' speech was slurred. Id. at 14. An inventory search of Winters' vehicle yielded empty alcohol containers. Lieutenant DeHart transported Winters to Eskenazi Hospital and performed three field sobriety tests-the horizontal gaze nystagmus test, the walk and turn test, and the one-legged stand test-inside a holding area of the hospital. Winters failed all three tests.

         [¶6] Winters submitted to a chemical blood test at the hospital at 7:11 a.m. on May 26, 2018. Winters' lab report indicated that Winters' "plasma-serum ethyl alcohol concentration" was .136%, which corresponds "to a whole blood ethyl alcohol concentration" in the range of .107% to .128%. State's Ex. 1.

         [¶7] The State charged Winters on June 11, 2018, with Count I, operating a vehicle while intoxicated endangering a person, a Class A misdemeanor; and Count II, operating a ...


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