Daniel Massey v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: January 25, 2017
• Docket: 49A02-1608-CR-1959
• Status: Published

Opinion

MEMORANDUM DECISION FILED Pursuant to Ind. Appellate Rule 65(D), Jan 25 2017, 9:38 am this Memorandum Decision shall not be regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing Court of Appeals and Tax Court the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Megan Shipley Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General of Indiana Indianapolis, Indiana George P. Sherman Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Daniel Massey, January 25, 2017 Appellant-Defendant, Court of Appeals Case No. 49A02-1608-CR-1959 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Amy M. Jones, Appellee-Plaintiff. Judge Trial Court Cause No. 49G08-1511-CM-39631

Bailey, Judge.

Court of Appeals of Indiana | Memorandum Decision 49A02-1608-CR-1959 | January 25, 2017 Page 1 of 5 Case Summary [1] Following a bench trial, Daniel Massey (“Massey”) was convicted of Public

Intoxication as a Class B misdemeanor.1 Massey now appeals, raising the sole

issue of whether the evidence is sufficient to support his conviction. We affirm.

Facts and Procedural History [2] On November 8, 2015, Officer Charles Ezell (“Officer Ezell”) of the Speedway

Police Department was dispatched to a White Castle around 4:30 a.m. because

someone was locked inside a restroom. When Officer Ezell arrived, staff

directed him to the women’s restroom, which was still locked. Officer Ezell

pounded on the door for several minutes with no response. Officer Ezell then

had the Speedway Fire Department dispatched to open the door.

[3] Before the Speedway Fire Department arrived, Massey exited the restroom.

Officer Ezell observed that Massey had bloodshot eyes, slurred speech, poor

dexterity, and was unsteady on his feet. Massey began yelling and using

profanity. He also said he was drunk and had consumed a lot of Hennessey.

1 Ind. Code § 7.1-5-1-3(a)(4).

Court of Appeals of Indiana | Memorandum Decision 49A02-1608-CR-1959 | January 25, 2017 Page 2 of 5 [4] While Massey was yelling, there were patrons and employees in the restaurant.

One patron was eating, but stopped and walked over toward the commotion.

Employees also approached the commotion. At one point, Officer Ezell saw

someone come toward the restaurant door but leave without entering.

[5] Officer Ezell arrested Massey, and on November 8, 2015, the State charged

Massey with two counts of public intoxication but one count was dismissed

prior to trial. Following an August 3, 2016 bench trial, Massey was convicted.

[6] This appeal ensued.

Discussion and Decision [7] When reviewing the sufficiency of the evidence to support a conviction, we

neither reweigh the evidence nor assess witness credibility. Drane v. State, 867

N.E.2d 144, 146 (Ind. 2007). We consider only the evidence supporting the

judgment and any reasonable inferences that can be drawn from that evidence.

Bailey v. State, 907 N.E.2d 1003, 1005 (Ind. 2009). We must affirm the

conviction if there is “substantial evidence of probative value supporting each

element of the offense such that a reasonable trier of fact could have found the

defendant guilty beyond a reasonable doubt.” Willis v. State, 27 N.E.3d 1065,

1066 (Ind. 2015).

[8] To convict Massey of public intoxication as charged, the State had to prove that

Massey “harass[ed], annoy[ed], or alarm[ed] another person” while he was

intoxicated in a public place. I.C. § 7.1-5-1-3(a)(4). We “read a reasonableness

Court of Appeals of Indiana | Memorandum Decision 49A02-1608-CR-1959 | January 25, 2017 Page 3 of 5 standard into our public intoxication statute when analyzing the term

‘annoys.’” Morgan v. State, 22 N.E.3d 570, 576 (Ind. 2014). That is, the

conduct at issue “must have risen to the level that would annoy the reasonable

person.” Id. at 577.

[9] Massey concedes that he was intoxicated in a public place but challenges

whether there was sufficient evidence that he harassed, annoyed, or alarmed

another person. Massey directs us to Milam v. State, 14 N.E.3d 879 (Ind. Ct.

App. 2014). There, the defendant was a passenger of a vehicle involved in a

traffic stop. During the stop, the defendant was loud and argued with the

driver. At one point, a bicyclist in the area stopped. In reversing the

conviction, a panel of this Court noted that there was no “clear nexus between

the individual stopping and the argument” between the defendant and the

driver. Milam, 14 N.E.3d at 882. Moreover, because there was no evidence of

the driver’s reactions, the panel concluded that there was “no evidence to

establish the inference” that the driver was harassed, annoyed, or alarmed. Id.

at 883.

[10] Massey argues that, as in Milam, there is no clear nexus between Massey’s loud

interaction with law enforcement and the behavior of the individual who

decided not to enter the restaurant. As to the restaurant patron and the staff,

Massey argues that it is unreasonable to infer that they were annoyed or

alarmed because someone who is annoyed or alarmed “would not normally

approach the situation to watch more closely.” (Appellant’s Br. at 13.)

Court of Appeals of Indiana | Memorandum Decision 49A02-1608-CR-1959 | January 25, 2017 Page 4 of 5 [11] We disagree. Under these facts, the evidence supports the reasonable inference

that the approaching staff and patron were annoyed or alarmed when Massey

was intoxicated and yelling profanities in the restaurant. Moreover, a

reasonable person would be annoyed or alarmed by such behavior.

Accordingly, the evidence is sufficient to support Massey’s conviction.

Conclusion [12] There is sufficient evidence to support Massey’s public intoxication conviction.

[13] Affirmed.

Najam, J., and May, J., concur.

Court of Appeals of Indiana | Memorandum Decision 49A02-1608-CR-1959 | January 25, 2017 Page 5 of 5