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. ATTORNEYS FOR APPELLANT: RUTH JOHNSON Marion County Public Defender Indianapolis, Indiana JONATHAN ARMIGER Certified Legal Intern Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana Indianapolis, Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

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

Jul 13 2010, 10:04 am

CLERK

No. 49A05-0911-CR-639

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Rebekah Pierson-Treacy, Judge Cause No. 49F19-0906-CM-056213

JULY 13, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BARTEAU, Senior Judge

STATEMENT OF THE CASE Appellant William Kerr appeals his conviction for operating a vehicle while intoxicated as a class A misdemeanor.1 We affirm. ISSUES Kerr raises three issues for review, which we restate as: I. Whether the trial court abused its discretion by admitting statements Kerr made to a police officer; II. Whether the trial court erred by denying Kerr's motion for involuntary dismissal; and III. Whether the evidence is sufficient to sustain the conviction. FACTS On June 14, 2009, Officer Robert Ferguson of the Indianapolis Metropolitan Police Department was dispatched to the intersection of Shelby Street and Southern Avenue in Indianapolis to investigate a report of a motorcycle accident. Upon arriving at the scene, Officer Ferguson saw that another officer, a fire engine and an ambulance were present. Two men, Kerr and his friend Larry Coin, were sitting on motorcycles parked on the side of the road with their kickstands down. Kerr and Coin's motorcycles were not parked in parking spaces and were blocking an alleyway. As Officer Ferguson approached Kerr and Coin, he saw that Kerr was swaying back and forth in his seat. Officer Ferguson told Kerr that he was dispatched to the scene on a report of a motorcycle accident and asked Kerr what happened. Kerr stated that he
1

Ind. Code

Download William Kerr v. State of Indiana.pdf

Indiana Law