State v. Prater

922 N.E.2d 746, 2010 Ind. App. LEXIS 394, 2010 WL 876837
CourtIndiana Court of Appeals
DecidedMarch 12, 2010
Docket08A02-0904-CR-309
StatusPublished
Cited by46 cases

This text of 922 N.E.2d 746 (State v. Prater) 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
State v. Prater, 922 N.E.2d 746, 2010 Ind. App. LEXIS 394, 2010 WL 876837 (Ind. Ct. App. 2010).

Opinions

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Pursuant to Indiana Code Section 35-38-4-2(8), the State appeals the trial court's order granting Dustin Prater's Motion to Correct Error. The State raises a single issue for our review, namely, whether Indiana Code Section 35-48-4-14.5(c) requires an individual in possession of anhydrous ammonia have the personal "intent to manufacture methamphetamine or amphetamine" in order to commit a Class D felony under that statute.

We affirm.

FACTS AND PROCEDURAL HISTORY

The facts are not in dispute. On May 16, 2008, Derrick German and Prater stole anbydrous ammonia from Royster Clark, an anhydrous ammonia plant, in Carroll County. German and Prater stole the anhydrous ammonia with the intent to sell it to a third party at some point in the future, although they had no one in particular in mind. They assumed that the third party would use the anhydrous ammonia to manufacture methamphetamine. German and Prater were apprehended by police shortly after the theft.

That same day, the State charged Prater with theft, as a Class D felony, and "Illegal Possession of Anhydrous Ammonia," as a Class D felony. Appellant's App. at 6. Specifically, the second felony charge alleged that "Prater did possess anhydrous ammonia or ammonia solution with intent to manufacture methamphetamine or amphetamine ... contrary to the form of the statute in such cases ... to wit: 1.0. 35-48-4-14.5(c)" Id. Indiana Code Section 35-48-4-14.5(c¢) states, in relevant part: "A person who possesses anhydrous ammonia or ammonia solution (as defined in IC 22-11-20-1) with the intent to manufacture methamphetamine or amphetamine, schedule II controlled substances under IC 35-48-2-6, commits a Class D felony."

[748]*748The trial court held Prater's jury trial on November 18. At that trial, German testified that he and Prater did not personally intend to manufacture methamphetamine with the stolen anhydrous ammonia, but they did intend to sell it to an unknown third party with the assumption that that third party would use the chemical to manufacture methamphetamine. The jury returned a guilty verdict against Prater on each charge, and the court sentenced Prater to concurrent terms of three years for theft and one year for illegal possession of anhydrous ammonia.

Prater then filed a motion to correct error with the trial court. In that motion, Prater asserted that Indiana Code Section 35-48-4-14.5(c) required the State to present sufficient evidence that he personally intended to manufacture methamphetamine with the stolen anhydrous ammonia, which the State failed to do. The trial court agreed, granted Prater's motion and vacated his conviction for illegal possession of anhydrous ammonia, finding "the evidence insufficient to establish beyond a reasonable doubt that the defendant possessed anhydrous ammonia with the intent to manufacture methamphetamine." Appellant's App. at 41. This appeal ensued.

DISCUSSION AND DECISION

The State asserts that the trial court erroneously granted Prater's motion to correct error. Specifically, the State contends that the court misinterpreted Indiana Code Section 35-48-4-14.5(c) by reading that statute to require proof that the defendant personally intended to manufacture methamphetamine with the anhydrous ammonia. Statutory interpretation is a question of law reserved for the court and is reviewed de novo. Ind. Pesticide Rev. Bd. v. Black Diamond Pest & Termite Control Inc., 916 N.E.2d 168, 181 (Ind.Ct.App.2009) - (quotation - omitted), trans. demied. De novo review allows us to decide an issue without affording any deference to the trial court's decision. Id. Our goal in statutory construction is to determine, give effect to, and implement the intent of the legislature. Id. When a statute has not previously been construed, our interpretation is controlled by the express language of the statute and the rules of statutory construction. Id. We review the statute as a whole and presume the legislature intended logical application of the language used in the statute, so as to avoid unjust or absurd results. See Curley v. Lake County Bd. of Elections & Registration, 896 N.E.2d 24, 34 (Ind.Ct.App.2008) (quotation omitted), trans denied.

As an initial matter, we note that Prater has, it seems, abdicated the position he took in his motion to correct error. Instead, he erroneously alleges that the State failed to support his conviction for illegal possession of anhydrous ammonia with sufficient evidence because the State did not demonstrate that he possessed two or more chemical reagents or precursors. Prater did not raise that argument to the trial court and, therefore, he may not raise it on appeal. See, eg., Lea v. Lea, 691 N.E.2d 1214, 1218 (Ind.1998); Showalter v. Town of Thorntown, 902 N.E.2d 338, 342 (Ind.Ct.App.2009), trans. denied. In any event, Prater's appellate argument is based on Indiana Code Section 35-48-4-14.5(e)-a subsection that the State never charged Prater with having violated. Before a statutory amendment in July of 2003, the current subsection (e) was labeled as subsection (c), which, apparently, is the source of Prater's confusion. But the law in effect at the time of the offense is the law that applies here. See Hevner v. State, 919 N.E.2d 109, 111 (Ind.2010). And it is clear that the State did not charge Prater under the current subsection (e). Thus, Prater's only arguments on [749]*749appeal are inapposite and are waived. Ind. Appellate Rule 46(A)(8)(a).

Nonetheless, the argument Prater made to the trial court in his motion to correct error was the right argument. Again, the statute in question states, in relevant part: "A person who possesses anhydrous ammonia ... with the intent to manufacture methamphetamine ... commits a Class D felony." Ind.Code § 35-48-4-14.5(c) (2007). The first rule of statutory construction is that "[wJords and phrases shall be taken in their plain, or ordinary and usual, sense." I.C. § 1-1-4-1(1). The words "with the intent" in Seetion 35-48-4-14.5(c) clearly refer to the "person who possesses" the chemical. Thus, the person who possesses anhydrous ammonia must also personally have the intent to use the anhydrous ammonia to manufacture methamphetamine to commit a Class D felony under that statute.

Again, our goal in statutory construction is to determine, give effect to, and implement the intent of the legislature as expressed in the plain language of its statutes. See Ind. Pesticide Rev. Bd., 916 N.E.2d at 181. Here, it is clear that the General Assembly sought a balance between not subjecting citizens who merely possess anhydrous ammonia to possible prosecution while, at the same time, seeking to prohibit the nefarious uses of that chemical. Thus, it is not illegal to simply possess anhydrous ammonia. But it is illegal to possess it so long as the person in possession intends to manufacture methamphetamine.

This reading of subsection (c) is supported by another subsection of the statute, which we must consider.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wallen v. Hossler
130 N.E.3d 138 (Indiana Court of Appeals, 2019)
Kevin Michael Barber v. State of Indiana
115 N.E.3d 508 (Indiana Court of Appeals, 2018)
City of Gary Police Civil Service Commission v. Raymond Robinson
100 N.E.3d 271 (Indiana Court of Appeals, 2018)
S.B. v. Seymour Community Schools
97 N.E.3d 288 (Indiana Court of Appeals, 2018)
James E. Rogers v. State of Indiana
60 N.E.3d 256 (Indiana Court of Appeals, 2016)
J.B. v. State of Indiana
55 N.E.3d 831 (Indiana Court of Appeals, 2016)
D.A. v. State of Indiana
49 N.E.3d 580 (Indiana Court of Appeals, 2015)
Fight Against Brownsburg Annexation v. Town of Brownsburg, Indiana
32 N.E.3d 798 (Indiana Court of Appeals, 2015)
M.M. v. State of Indiana
31 N.E.3d 516 (Indiana Court of Appeals, 2015)
T.D. v. Indiana Department of Child Services
27 N.E.3d 1185 (Indiana Court of Appeals, 2015)
Jessica Kishpaugh v. John Odegard and Miriam Odegard
17 N.E.3d 363 (Indiana Court of Appeals, 2014)
In the Matter of the Adoption of B.C.H., a Minor
7 N.E.3d 1000 (Indiana Court of Appeals, 2014)
Bruce E. Phillips v. State of Indiana
Indiana Court of Appeals, 2014
Marjorie O. Lesley v. Robert T. Lesley
6 N.E.3d 963 (Indiana Court of Appeals, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
922 N.E.2d 746, 2010 Ind. App. LEXIS 394, 2010 WL 876837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-prater-indctapp-2010.