Michael A. Beitler v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 12, 2015
• Docket: 90A02-1406-CR-425
• Status: Published

Opinion

MEMORANDUM DECISION Feb 12 2015, 7:24 am Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Patricia Caress McMath Gregory F. Zoeller Indianapolis, Indiana Attorney General of Indiana

Chandra K. Hein Deputy Attorney General Indianapolis

IN THE COURT OF APPEALS OF INDIANA

Michael A. Beitler, February 12, 2015

Appellant-Defendant, Court of Appeals Case No. 90A02-1406-CR-425 v. Appeal from the Wells Superior Court; The Honorable Everett E. Goshorn, Judge; State of Indiana, 90D01-1205-CM-160 Appellee-Plaintiff.

May, Judge.

Court of Appeals of Indiana | Memorandum Decision 90A02-1406-CR-425 | February 12, 2015 Page 1 of 4 [1] Michael A. Beitler appeals his conviction of Class A misdemeanor driving

while suspended with a prior judgment within ten years.1 He asserts the State

did not prove he had such a prior judgment, and he requests we reduce his

conviction to a Class A infraction. We affirm.

Facts and Procedural History [2] On May 30, 2012, Wells County Sheriff’s Chief Deputy Scott Holliday was on

road patrol when he observed an Impala driving in excess of the speed limit.

Deputy Holliday initiated a traffic stop. As he parked his car behind the

Impala, “it looked like there was a lot of movement going on in the car. I

couldn’t tell . . . in my mind what I suspected was going on was that people

were switching around placements in the vehicle.” (Tr. at 6.) When he arrived

at the driver’s door of the Impala, Beitler was in the front passenger seat,

Angela Watkins was in the driver’s seat, and Watkins’ two children were in the

back seat. Watkins’ daughter confirmed that Beitler and Watkins changed seats

after Deputy Holliday pulled over the car.

[3] The State charged Beitler with Class A misdemeanor driving while suspended.

Following a bench trial, the court found Beitler guilty and imposed a one-year

sentence suspended to home detention.

1 Ind. Code § 9-24-19-2.

Court of Appeals of Indiana | Memorandum Decision 90A02-1406-CR-425 | February 12, 2015 Page 2 of 4 Discussion and Decision [4] Beitler alleges the evidence was insufficient to support his conviction. Our

standard for reviewing such claims is well settled:

When we review the sufficiency of the evidence to support a criminal conviction, we consider only the probative evidence and reasonable inferences therefrom supporting the verdict. We neither reweigh the evidence nor assess witness credibility. And unless no reasonable fact- finder could conclude the elements of the crime were proven beyond a reasonable doubt, we will affirm the conviction. That is, we will hold the evidence sufficient ‘if an inference may reasonably be drawn from it to support the verdict.’ [5] Buelna v. State, 20 N.E.3d 137, 141 (Ind. 2014) (citations omitted).

[6] Beitler was convicted of driving while suspended with a prior conviction within

ten years.

A person who: (1) knows that the person’s driving privilege, license, or permit is suspended or revoked; and (2) operates a motor vehicle upon a highway less than ten (10) years after the date on which judgment was entered against the person for a prior unrelated violation of section 1 of this chapter2 [or] this section . . . commits a Class A misdemeanor.

2 Ind. Code § 9-24-19-1 provides: “[A] person who operates a motor vehicle upon a highway while the person’s driving privilege, license, or permit is suspended or revoked commits a Class A infraction.”

Court of Appeals of Indiana | Memorandum Decision 90A02-1406-CR-425 | February 12, 2015 Page 3 of 4 [7] Ind. Code § 9-24-19-2 (footnote added). Beitler claims the State failed to prove

he had a prior unrelated judgment for driving while suspended. We cannot

agree.

[8] The State submitted into evidence a certified copy of Beitler’s driving record.

On the third page of that document, under “Convictions,” the record indicates

Beitler was convicted of “DRIVING WHILE SUSPENDED PRIOR WITHIN

10 YEARS” in Allen Superior Criminal Court 4 under Cause Number

“02D040603CM1978”3 on April 3, 2006. (Ex. 1 at 3.) The first page of that

same document indicates that Beitler’s driver license was suspended effective

April 3, 2006, and the “Suspension reason” provided is “DRIVE

W/SUSPENDED –MISD/A.” (Id. at 1.) This evidence was sufficient to

demonstrate Beitler had the qualifying prior judgment required to convict him

of Class A misdemeanor driving while suspended with a prior judgment within

ten years. See Billingsley v. State, 960 N.E.2d 882, 884-85 (Ind. Ct. App. 2012)

(finding certified driving record sufficient to demonstrate required conviction of

driving while suspended). Accordingly, we affirm.

[9] Affirmed.

Vaidik, C.J., and Friedlander, J., concur.

3 Contrary to Beitler’s assertion, this Cause Number does not indicate he was convicted of a “C misdemeanor.” (Brief of Appellant at 4.) Rather, it indicates he was convicted of a “Criminal Misdemeanor.” See Ind. Administrative Rule 8(B)(3) (designating “CM” as abbreviation for “Criminal Misdemeanor”).

Court of Appeals of Indiana | Memorandum Decision 90A02-1406-CR-425 | February 12, 2015 Page 4 of 4