Boyd v. State

889 N.E.2d 321, 2008 Ind. App. LEXIS 1339, 2008 WL 2553271
CourtIndiana Court of Appeals
DecidedJune 27, 2008
Docket35A02-0802-CR-119
StatusPublished
Cited by27 cases

This text of 889 N.E.2d 321 (Boyd v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyd v. State, 889 N.E.2d 321, 2008 Ind. App. LEXIS 1339, 2008 WL 2553271 (Ind. Ct. App. 2008).

Opinion

OPINION

BROWN, Judge.

Travon Boyd appeals his conviction for domestic battery as a class D felony. 1 Boyd raises two issues, which we revise and restate as:

I. Whether the domestic battery statute is unconstitutionally vague as applied in this case; and
II. Whether the evidence is sufficient to sustain his conviction for domestic battery as a class D felony.

We affirm.

The relevant facts follow. Tonya Red-din and Boyd had a four-year relationship, *323 had lived together for two years, and had a fifteen-month-old baby, S.B. On July 12, 2007, Reddin picked Boyd up from work at around 9:00 p.m. Boyd and Reddin argued on the way home. When they arrived, Boyd and Reddin continued the argument and went into their bedroom, which they shared with S.B. Boyd “smacked” Reddin two times on the face while Reddin was on the bed. Transcript at 82. At this time, S.B. was sleeping in her bed, which was about six feet away from Boyd and Red-din’s bed. While Reddin was still on the bed, Boyd put his arm around Reddin’s face, and Reddin bit Boyd.

The State charged Boyd with domestic battery as a class D felony. After a bench trial, the trial court found Boyd guilty as charged. The trial court sentenced Boyd to 366 days in the Indiana Department of Correction.

I.

The first issue is whether the domestic battery statute is unconstitutionally vague as applied in this case. The State argues that Boyd waived this issue because he failed to raise this issue by a motion to dismiss prior to trial. Indiana courts have applied the doctrine of waiver when an appellant challenges the constitutionality of a.statute. See Payne v. State, 484 N.E.2d 16, 18 (Ind.1985) (noting Ind. Code § 35-34-1-6 and -4 2 and holding that “[gjenerally, the failure to file a proper motion to dismiss raising the Constitutional challenge waives the issue on appeal”); Rhi nehardt v. State, 477 N.E.2d 89, 93 (Ind.1985) (holding that the appellant waived the claim by not raising it prior to trial by a timely and proper motion to dismiss); Reed v. State, 720 N.E.2d 431, 433 (Ind.Ct.App.1999), trans. denied.

Nonetheless, in many of these cases, the court then addressed the constitutional challenge on the merits even though the argument was waived. See Payne, 484 N.E.2d at 18 (“Nevertheless, particularly in view of the fact that the State has not raised the waiver issue, we have decided to consider the merits of the contention in this case.”); Rhinehardt, 477 N.E.2d at 93 (“Even assuming appellant had preserved this claim, it would not constitute reversible error.”); Reed, 720 N.E.2d at 433. We also note that in Morse v. State, 593 N.E.2d 194, 197 (Ind.1992), reh’g denied, the Indiana Supreme Court addressed a pro se motion challenging the constitutionality of a statute even though the appellant was represented by counsel who had filed a brief, but had not challenged the constitutionality of the statute. The Court stat-éd, “Although we do not entertain pro se pleadings when counsel is involved in a case, the constitutionality of a statute may be raised at any stage of the proceeding including raising the issue sua sponte by this Court.” Id.

We recognize that Boyd did not file a proper motion to dismiss and that the State has argued that the doctrine of waiver precludes review of the issue. However, in line with the foregoing cases, we have chosen to address the merits of Boyd’s claim. See, e.g., Vaughn v. State, 782 N.E.2d 417, 420 (Ind.Ct.App.2003) (addressing the defendant’s arguments after *324 recognizing that the defendant did not file a motion to dismiss and that the State argued that the doctrine of waiver precludes review), trans. denied.

When the validity of a statute is challenged, the reviewing court begins with a presumption of constitutionality. State v. Lombardo, 738 N.E.2d 653, 655 (Ind.2000). The burden to rebut this presumption is upon the challenger, and all reasonable doubts must be resolved in favor of the statute’s constitutionality. Id. A statute will not be found unconstitutionally vague if individuals of ordinary intelligence would comprehend it adequately to inform them of the proscribed conduct. Id. at 656. The statute need only inform the individual of the generally proscribed conduct; it need not list with exactitude each item of conduct prohibited. State v. Downey, 476 N.E.2d 121, 122 (Ind.1985). A statute is void for vagueness only if it is vague as applied to the precise circumstances of the. instant case. Glover v. State, 760 N.E.2d 1120, 1123 (Ind.Ct.App.2002), trans. denied.

Resolution of this issue requires that we interpret Ind.Code § 35-42-2-1.3. The interpretation of a statute is a question of law reserved for the courts. Scalpelli v. State, 827 N.E.2d 1193, 1196 (Ind.Ct.App.2005), trans. denied. If a statute is unambiguous, i.e., susceptible to only one meaning, we must give the statute its clear and plain meaning. Bolin v. Wingert, 764 N.E.2d 201, 204 (Ind.2002). However, if a statute is susceptible to multiple interpretations, we must try to ascertain the legislature’s intent and interpret the statute so as to accomplish that intent. Id. We presume the legislature intended logical application of the language used in the statute, so as to avoid unjust or absurd results. Id. In ascertaining the legislature’s intent, we assume that “the legislature- did not enact a useless provision” such that “[w]here statutory provisions are in conflict, no part of a statute should be rendered meaningless but should be reconciled with the rest of the statute.” Rheem Mfg. Co. v. Phelps Heating & Air Conditioning, Inc., 746 N.E.2d 941, 948 (Ind.2001) (quoting Robinson v. Wroblewski, 704 N.E.2d 467, 474-475 (Ind.1998)).

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Bluebook (online)
889 N.E.2d 321, 2008 Ind. App. LEXIS 1339, 2008 WL 2553271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-state-indctapp-2008.