Weaver v. State

53 N.E.3d 1225, 2016 WL 1703033, 2016 Ind. App. LEXIS 128
CourtIndiana Court of Appeals
DecidedApril 28, 2016
DocketNo. 32A04-1508-CR-1110
StatusPublished
Cited by1 cases

This text of 53 N.E.3d 1225 (Weaver 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
Weaver v. State, 53 N.E.3d 1225, 2016 WL 1703033, 2016 Ind. App. LEXIS 128 (Ind. Ct. App. 2016).

Opinions

MATHIAS, Judge.

[1] Corey Weaver (‘Weaver”) was convicted in the Hendricks Superior Court for refusing to identify himself to a law enforcement official, as required pursuant to Indiana Code section 34-28-5-3.5. Weaver appeals and argues that his conviction is not supported by sufficient evidence.

[2] We reverse and remand for proceedings consistent with this opinion.

Facts and Procedural History

[3] At 9:31 p.m. on October 1, 2014, Hendricks County Sheriffs Deputy Samuel Chandler (“Deputy Chandler”) initiated a traffic stop of Weaver’s vehicle on U.S. Highway 40 because Weaver had an inoperable plate light. Weaver pulled over into an Arby’s parking lot where Deputy Chandler approached him.1 Appellant’s App. p. 12.

[4] Deputy Chandler asked Weaver if he knew that his plate light did not work, and Weaver told the officer that he was not aware that the light was inoperable. Deputy Chandler then asked if Weaver had his license and registration. Weaver said he did not know. Tr. p. 11. Weaver started to look for his registration but was unable to find it.

[5] Weaver eventually told the officer that he previously had an Indiana license but that he did not have it or any other form of identification with him. Id. at 55-56. Weaver told Deputy Chandler that he was not aware that he was required to carry identification while driving. Id. at 56.

[6] After failing to produce any identification, the following conversation ensued:

DEPUTY CHANDLER: Okay, where do you live at, bud?
COREY WEAVER: Uh, Indianapolis.
DEPUTY CHANDLER: You live in Indy — what’s your actual physical mailing address?
COREY WEAVER: Uh, am I being charged with something?
DEPUTY CHANDLER: No, I’m trying to figure out who you are. You don’t have any identification.

Id. This was the only time that Deputy Chandler specifically asked for Weaver’s address.

[7] After explaining that Weaver was required to provide the requested informa[1227]*1227tion, Deputy Chandler again asked Weaver for his name. ■ Id at 57. Weaver stated thát his name was “Mr. Weaver.” Id. at 11. After Deputy Chandler asked for his first name, Weaver stated that he did not have a particular name. Id. at 57. Deputy Chandler asked the same question' many ways. Id. at 58 (‘What are they calling you? ... [D]oes your mom call you Mr. Weaver?”). Eventually, Weaver stated that his mother calls him Corey. Id. at 59.

[8] Weaver also failed to provide his birthdate when asked. Id. at 60. Weaver stated that he was “a little uncomfortable” providing his birthdate. Id. Approximately eight minutes after he stopped Weaver, Deputy Chandler ordered Weaver" to put his hands on the back of his head arid step out of the vehicle. Id. at 60-61; Ex. Vol. State’s Ex. 1. Deputy Chandler placed Weaver in handcuffs and stated that he was detaining Weaver until he could identify him. Id. at 61. Deputy Chandler told Weaver several times that he was legally required to provide identification arid warned him that he would have, to go to jail if he failed to comply. See, e.g., id. at 62.

[9] Sixteen minutes after the traffic stop began, Weaver told Deputy Chandler his birthdate. Id. at 67. " After Deputy Chandler confirmed the information Weaver provided, he determined that Weaver’s driver’s license had been suspended. The deputy then impounded Weaver’s vehicle but allowed Weaver to leave of his own accord. .

[10] On October 3, 2014, Weaver was charged with Class A misdemeanor driving while suspended and Class C misdemeanor failure to identify.2 A bench trial was held on March 31, 2015, and was continued on July 10, 2015. Weaver represented himself at trial and was convicted as charged.

[11] Weaver was ordered to serve four days, for the driving while suspended conviction but was given credit for four days served. The trial court also ordered him to pay a $100 fine. For the refusal to identify conviction, he was only ordered to pay a second $100 fine. Weaver now appeals, claiming that the State produced insufficient evidence to support his refusal to identify conviction.3

Standard of Review

. [12] When a party challenges the sufficiency of the evidence, we neither .reweigh the evidence nor judge the credibility of witnesses. Chappell v. State, 966 N.E.2d 124, 129 (Ind.Ct.App.2012) (citing McHenry v. State, 820 N.E.2d 124, 126 (Ind.2005)), trans. denied. Rather, we recognize the exclusive province of the trier of fact to weigh any conflicting evidence and we consider only the probative evidence supporting the conviction and the reasonable inferences to be drawn therefrom. Id. If there is not substantial evidence of probative value from which a reasonable trier of fact could have drawn the conclusion that the defendant was guilty of the crime charged beyond a reasonable doubt, then the judgment will be disturbed. Baumgartner v. State, 891 N.E.2d 1131, 1137 (Ind.Ct.App.2008).

[1228]*1228Discussion and Decision

[13] To convict Weaver of Class C misdemeanor failure to identify, the State was required to prove that Weaver “knowingly or intentionally refuse[d] to provide ... [his] name,, address, and date of birth.” Ind.Code § 34-28-5-3.5(1); see also Appellant’s App. p. 11. Weaver argues that Indiana Code section 34-28-5-3.5 does not impose a timeliness requirement and that he eventually gave his date of birth to the officer.

[14] First, we observe that penal statutes are construed strictly against the State. Milam v. State, 14 N.E.3d 879, 882 (Ind.Ct.App.2014) (citing Luhrsen v. State, 864 N.E.2d 452, 455-56 (Ind.Ct.App.2007)). However, we do not construe statutes so strictly that our interpretation defeats the legislature’s expressed intent. Id.

[15] Indeed, our court must ascertain and give effect to legislative intent. Chambliss v. State, 746 N.E.2d 73, 78 (Ind.2001) (citing Bartlett v. State, 711 N.E.2d 497, 501 (Ind.1999)). “The best evidence of legislative intent is the language of the statute itself, and all words must be given their plain and ordinary meaning unless otherwise indicated by statute.” Id. (quoting Bartlett, 711 N.E.2d at 501). We presume that the legislature intended that the statutory application would not yield “an unjust or absurd result.” Milam, 14 N.E.3d at 882.

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Related

Corey T. Weaver v. State of Indiana
56 N.E.3d 25 (Indiana Supreme Court, 2016)

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Bluebook (online)
53 N.E.3d 1225, 2016 WL 1703033, 2016 Ind. App. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-state-indctapp-2016.