Preview:

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: JEFF SHOULDERS Barber & Shoulders, LLP Evansville, Indiana

FILED
Dec 28 2009, 9:13 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JAMES E. PORTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHAEL MILLER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 82A04-0906-CR-321

APPEAL FROM THE VANDERBURGH SUPERIOR COURT The Honorable Wayne S. Trockman, Judge Cause No. 82D02-0708-FD-723

December 28, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Michael Miller appeals his conviction for operating a vehicle while intoxicated as a class D felony.1 Miller raises one issue, which we revise and restate as whether the trial court abused its discretion by admitting evidence obtained from an investigatory stop. We affirm. The facts most favorable to the judgment follow. Shortly after midnight, on August 12, 2007, Vanderburgh County Deputy Sheriff Robert Clark was on patrol in his marked police vehicle in an area around a strip mall where there had been recent burglaries. Deputy Clark traveled westbound on a gravel access road behind the strip mall and observed Millers vehicle facing north without his headlights activated behind the very west end of the strip mall. As Deputy Clarks police vehicle approached

Millers vehicle, Miller turned on his vehicles headlights and began to drive away. Deputy Clark activated his marked police vehicles emergency lights and initiated a traffic stop. Deputy Clark approached Millers vehicle, requested Millers drivers license and registration for the vehicle, and asked Miller for his reason for being in that area at night. Miller stated that he had parked his vehicle to use his cell phone. Deputy Clark noticed a "strong odor of an alcoholic beverage coming from the passenger compartment of the vehicle." Transcript at 40. Deputy Clark returned to his police vehicle and performed a routine check of Millers drivers license status and checked for warrants. Deputy Clark

Ind. Code

Download Michael Miller v. State of Indiana.pdf

Indiana Law