MacKlin v. State

701 N.E.2d 1247, 1998 Ind. App. LEXIS 2024, 1998 WL 806351
CourtIndiana Court of Appeals
DecidedNovember 23, 1998
Docket49A04-9801-CR-44
StatusPublished
Cited by22 cases

This text of 701 N.E.2d 1247 (MacKlin 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
MacKlin v. State, 701 N.E.2d 1247, 1998 Ind. App. LEXIS 2024, 1998 WL 806351 (Ind. Ct. App. 1998).

Opinion

OPINION

STATON, Judge.

Maurice Maeklin appeals his conviction for Possession of Cocaine, 1 a Class D felony, and his conviction for Possession of Marijuana, 2 a Class A misdemeanor. Maeklin raises two issues on appeal, which we restate as:

I. Whether the trial court abused its discretion by denying Macklin’s oral motion for continuance.
II. Whether the evidence was sufficient to support Macklin’s conviction for Possession of Cocaine.

We affirm.

I.

Denial of Continuance

Maeklin contends that the trial court erred in denying his oral motion for continuance on the day of trial.

In support of the oral motion, which did not comply with either the statutory requirement 3 or the local trial rule, Maeklin relied on two grounds: (1) Macklin’s intent to hire *1250 private counsel; and (2) the absence of a subpoenaed, material witness.

When a defendant requests a continuance due to the absence of a material witness, and the statutory criteria are met, the defendant is entitled to a continuance as a matter of right. Elmore v. State, 657 N.E.2d 1216, 1218 (Ind.1995). However, as is the case here, when a motion for a continuance is made on non-statutory grounds or the motion fails to meet the statutory criteria, the decision to grant or deny the motion is within the discretion of the trial court. Id. We will not disturb the trial court’s decision absent a clear demonstration that the trial court abused that discretion. Id. Too, in order for the denial of a continuance to be reversible error, the defendant must demonstrate that he was prejudiced by the denial of the continuance. Vaughn v. State, 590 N.E.2d 134, 136 (Ind.1992).

The trial court did not abuse its discretion by denying Macklin’s motion for continuance based on his stated desire to obtain private counsel. In Wombles v. State, 270 Ind. 181, 383 N.E.2d 1037 (1979), our supreme court held that it is not error to refuse to allow a defendant to replace his counsel during or immediately before trial, particularly where the defendant gave no detailed explanation of why he wanted new counsel and the court took notice of defendant’s counsel’s competency. Id. at 1038. As in Wombles, Macklin made no explanation as to why he wanted private counsel and the trial court specifically noted the competence of his appointed counsel.

Macklin’s stronger argument for continuance was the absence of a subpoenaed, allegedly material witness. Although absence of a material witness is a statutory ground for a continuance, if the motion does not meet the statutory criteria, the granting of such motion is still within the trial court’s discretion. Elmore, 657 N.E.2d at 1218. In ruling upon such a motion, the trial court should heed the diverse interests of the opponent of the motion that would be adversely impacted by altering the schedule of events, and give heed as well to the diverse interests of the movant to be beneficially impacted by altering the schedule. Vaughn, 590 N.E.2d at 135. Here, the trial court specifically noted that all three of the state’s witnesses were present and ready to testify. The trial court also noted that Macklin’s trial date had been scheduled since August 19, giving Macklin nearly three months within which to comply with the local rule requirements for obtaining a continuance. 4

Furthermore, Macklin did not make any attempt to show the materiality of the testimony of the missing witness. In fact, Mack-lin did not even identify the missing witness in his motion for the continuance. Neither did he make any allegation that a continuance would allow him to procure the witness’s testimony. Thus, Macklin failed to demonstrate to the trial court that he would be prejudiced by the denial of his motion. In his appeal, Macklin identifies the absent witness. However, he admits that it is unknown whether the absent witness’s testimony would have exculpated Macklin or corroborated his testimony. Under these circumstances, where Macklin supported his oral motion for continuance on the day of trial with no more than a broad allegation that an absent witness was a material witness, without any identification of that witness or explanation of what the witness would likely testify to, the trial court did not abuse its discretion in denying Macklin’s motion for continuance.

II.

Sufficiency of the Evidence

Macklin contends that the evidence is not sufficient to support his conviction for Possession of Cocaine, a Class D felony. Specifically, Macklin argues that the State did not present sufficient evidence that Macklin had constructive possession of the cocaine.

When reviewing claims of sufficiency of the evidence, we do not reweigh evidence or judge the credibility of witnesses. *1251 Jordan v. State, 656 N.E.2d 816, 817 (Ind.1995), reh. denied. We look to the evidence and the reasonable inferences therefrom that support the verdict. Id. The conviction will be affirmed if evidence of probative value exists from which the fact-finder could find the defendant guilty beyond a reasonable doubt. Id.

The facts most favorable to the verdict reveal that an Indianapolis police officer stopped a vehicle occupied by two men. Macklin was the driver. Macklin gave the officer a driver’s license that was not his. It was apparent to the officer that the picture on the license was not of Macklin. Macklin then provided the officer with his true identity. After determining that Macklin’s driver’s license was suspended, the officer subsequently discovered marijuana in Macklin’s pocket and four (4) bindles of a white, rock-like substance located on the driver’s seat of the ear. This substance was crack cocaine.

A conviction for possession of contraband may rest upon proof of either actual or constructive possession. Goodner v. State, 685 N.E.2d 1058, 1061 (Ind.1997). Constructive possession is the actual knowledge of the presence and illegal character of the contraband and the intent and capability to maintain dominion and control over it. Id.; Godar v. State, 643 N.E.2d 12, 14 (Ind.Ct.App.1994), reh. denied, trans. denied. In eases where the defendant has exclusive possession over the premises on which the contraband is found, an inference is permitted that the defendant knew of its presence and was capable of controlling it.

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Bluebook (online)
701 N.E.2d 1247, 1998 Ind. App. LEXIS 2024, 1998 WL 806351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macklin-v-state-indctapp-1998.