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Minix v. State

Citations: 726 N.E.2d 848; 2000 Ind. App. LEXIS 510; 2000 WL 366328Docket: No. 20A05-9905-CR-201

Court: Indiana Court of Appeals; April 11, 2000; Indiana; State Appellate Court

Narrative Opinion Summary

In this appellate case, the defendant challenges his convictions for operating a motor vehicle while intoxicated causing death and operating with a blood alcohol content (BAC) of at least .10 percent causing death. The primary legal issues include the sufficiency of evidence regarding intoxication and BAC, and the adequacy of jury instructions. The court affirms the convictions, emphasizing that there is sufficient probative evidence for the jury’s verdict, including the defendant’s BAC of .128 percent recorded within the statutory timeframe. It also upholds the trial court's jury instructions as clear and not misleading. Additionally, the court addresses a procedural error where the trial court failed to vacate one of the merged convictions, remanding for correction. The case draws on precedents that support the inference of impairment from high-speed driving and BAC levels. Ultimately, the appellate court affirms the trial court's decision, with instructions to amend the record by vacating the redundant conviction, thereby maintaining the defendant's eight-year sentence.

Legal Issues Addressed

Jury Instructions on BAC Level

Application: The court found no error in the jury instructions which required the jury to establish Minix operated a vehicle with a BAC of at least .10 percent at the time of operation.

Reasoning: The court found the existing instruction clear, as it required the jury to establish that Minix operated a vehicle with a BAC of at least .10 percent at the time of operation, thus deeming the instruction not misleading.

Merger and Vacatur of Convictions

Application: The trial court merged the convictions but failed to vacate the conviction for the merged count, necessitating remand for correction.

Reasoning: The court failed to vacate the conviction for the merged count, which was necessary according to precedent. Consequently, the court remands the case with instructions to vacate the conviction for operating a motor vehicle with at least .10 percent BAC causing death.

Presumption of BAC under Indiana Law

Application: Under Ind. Code 9-30-6-15(b), a BAC test performed within three hours of probable cause allows the jury to presume the BAC at the time of driving.

Reasoning: Under Ind. Code 9-30-6-15(b), if a chemical test is performed within the appropriate timeframe and the results show a BAC of at least .10 percent, a presumption arises that the BAC was at least .10 percent at the time of driving; this presumption is rebuttable.

Sufficiency of Evidence in Intoxication Cases

Application: The court evaluates whether sufficient probative evidence exists for a jury to reach a guilty verdict without reweighing evidence or assessing witness credibility.

Reasoning: The court emphasizes that it does not reweigh evidence or assess witness credibility, but rather evaluates whether there is sufficient probative evidence for a jury to reach a guilty verdict.