Ruggieri v. State

804 N.E.2d 859, 2004 Ind. App. LEXIS 429, 2004 WL 503899
CourtIndiana Court of Appeals
DecidedMarch 16, 2004
Docket71A03-0304-CR-147
StatusPublished
Cited by11 cases

This text of 804 N.E.2d 859 (Ruggieri 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
Ruggieri v. State, 804 N.E.2d 859, 2004 Ind. App. LEXIS 429, 2004 WL 503899 (Ind. Ct. App. 2004).

Opinion

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Dennis Ruggieri (Ruggieri), appeals his conviction for Count III, battery, a Class A misdemean- *862 or, Ind.Code § 35-42-2-1, and Count IV, criminal recklessness, a Class B misdemeanor, LC. § 35-42-2-2(b).

We affirm.

ISSUES

Ruggieri raises two issues on appeal, which we restate as follows:

1. Whether the trial court's comments during the trial constituted fundamental error and violated Ruggieri's due process rights; and H

2, Whether the trial court abused its discretion by imposing the maximum sentence for misdemeanor charges.

FACTS AND PROCEDURAL HISTORY

On December 7, 1999, Michael Duncan (Michael) returned home around 10:30 p.m. from his job at Papa John's Pizza. Shortly thereafter, Michael became embroiled in a verbal confrontation with Ruggieri, who is Michael's stepfather. However, while they were in the kitchen the confrontation turned physical. Ruggieri grabbed Michael, shoved him against the cabinets, and threw him on the floor. When Ruggieri was on top of Michael, he removed the lit cigarette from his mouth and placed it very close to Michael's eye. Michael suffered bruising, and had marks on his neck from_Ruggieri’s elbow. Eddie Zalas (Za-las), a friend living at the residence, and A.D., Michael's younger brother, intervened to prevent further injury. A.D. accompanied Michael upstairs, while Ruggi-eri remained in the den with Zalas.

A short while later, Michael returned downstairs and confronted Ruggieri in the den, resulting in a computer being knocked over. Eventually, Ruggieri left the house. After calling his mother at work, Michael called the South Bend Police Department. When Ruggieri returned to the house around 2:00 a.m., he was arrested by the police.

On December 8, 1999, the State filed an information with the St. Joseph Superior Court, charging Ruggieri with attemptéd battery, a Class C felony, L.C. § 85-41-5-1, § 35-42-2-1. On January 13, 2000, the State amended the information, adding Count II, intimidation, a Class D felony, T.C. § 35-45-2-l1(a)(2); Count III, battery, a Class A misdemeanor, .O. § 35-42-2-1; and Count IV, criminal recklessness, a Class B misdemeanor, LLC. § 85-42-2-2(b).

On June 29, 2000, the parties filed a plea agreement with the trial court. Pursuant to the plea agreement, Ruggieri would plead guilty to Count II, intimidation, with the remaining charges being dropped. At the sentencing hearing of August 17, 2000, after- Ruggieri denied culpability, the trial court rejected the plea agreement and set the matter for trial. On June 19 through June 20, 2002, a jury trial was held. At the end of the trial, the jury returned a guilty verdict on Count III, battery and Count IV, criminal recklessness. The jury acquitted Ruggieri on Count I, attempted battery, but could not reach a decision on Count II, intimidation.

On July 15, 2002, Ruggieri failed to appear for his sentencing hearing, and as a result, a bench warrant was issued for his arrest. On February 11, 2008, Ruggieri was taken into custody and a sentencing hearing was set for March 20, 2003. On that date, the trial court sentenced Ruggi-eri to the Indiana Department of Correcetion for one year incarceration on Count III, battery, and six months incarceration on Count IV, criminal recklessness, with the sentences to run consecutively.

Ruggieri now appeals. Additional facts will be provided as necessary.

*863 DISCUSSION AND DECISION

I. Trial Court's Comments

First, Ruggieri claims that the trial court's comments during the trial constituted fundamental error and violated his due process rights. Specifically, he alleges that the trial court's continued interruptions wrongfully influenced the jury. Conversely, the State argues that the trial court's comments were part of admonishing the jury, responding to objections, clarifying testimony, and attempting to bring levity to the proceedings. Consequently, the State maintains that none of these comments crossed the barrier of impartiality.

It is well established that a trial before an impartial judge is an essential element of due process. Abernathy v. State, 524 N.E.2d 12, 13 (Ind.1988). The impartiality of a trial judge is especially important due to the great respect that a jury accords the trial judge and the added significance that a jury might give to any showing of partiality by the trial judge. Id. To assess whether the trial judge has crossed the barrier of impartiality, we examine both the trial judge's actions and demeanor. Timberlake v. State, 690 N.E.2d 243, 256 (Ind.1997), cert. denied. However, we are mindful that the trial judge must be given latitude to run the courtroom and maintain discipline and control of the trial. Id.

Ruggieri now contends that the trial court's frequent comments, which were made in the presence of the jury, prejudiced his rights. However, our review of the record shows that Ruggieri did not object to the trial court's interruptions at trial, nor did he move for a mistrial. Generally, a contemporaneous objection is required to preserve an issue for appeal. See Anderson v. State, 653 N.E.2d 1048, 1051 (Ind.Ct.App.1995). Seeking to avoid procedural default, Ruggieri urges that his claim is not foreclosed because the trial court's comments constituted fundamental error. See Kennedy v. State, 258 Ind. 211, 280 N.E.2d 611, 620-21 (1972). We acknowledge that this court has on rare occasions determined that the comments of a judge - constitute fundamental - error. These cases do not, however, establish as a rule that any improper comment by a trial judge will constitute fundamental error and thereby avoid the need for contemporaneous objections. See Mitchell v. State, 726 N.E.2d 1228, 1235-86 (Ind.2000), reh'g denied.

Rather, the fundamental error doctrine is extremely narrow. To qualify as fundamental error, "an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible." Willey v. State, 712 N.E.2d 434, 444-45 (Ind.1999). To be fundamental error, the error "must constitute a blatant violation of basic principles, the harm, or potential for harm must be gubstantial, and the resulting error must deny the defendant fundamental due process." Wilson v. State, 514 N.E.2d 282, 284 (Ind.1987).

Ruggieri's first allegation of judicial misconduct stems from the trial judge's comments following opening arguments. Specifically, Ruggieri alleges that the trial court's statement made his opening argument meaningless and skewed the jury's perception of his defense.

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