Joshua K. Wasson v. State of Indiana (mem. dec.)
34A02-1701-CR-79
| Ind. Ct. App. | May 11, 2017Background
- Wasson was released on his own recognizance after a May 25, 2016 bond hearing and a plea/sentencing hearing was set for June 22, 2016 at 1:30 p.m. (counsel filed plea recommendations for two causes).
- Wasson failed to appear at the June 22, 2016 hearing; a bench warrant issued and he was arrested on August 21, 2016.
- On July 11, 2016 the State charged Wasson with two counts of Level 6 felony failure to appear.
- At an October 31, 2016 jury trial, Wasson was convicted on both counts; the court imposed consecutive sentences (one count with partial home detention and suspended time; the other fully suspended to probation).
- Wasson appealed, arguing the State presented insufficient evidence that he intentionally failed to appear, asserting he had overslept the day of the hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove intentional failure to appear under I.C. § 35-44.1-2-9 | State: Wasson had actual notice of date/time and no extenuating circumstances; intent may be presumed absent extenuating circumstances or inadequate notice | Wasson: He unintentionally missed the hearing because he overslept | Affirmed: jury could infer intent from actual notice and lack of extenuating circumstances |
Key Cases Cited
- Tobar v. State, 740 N.E.2d 109 (Ind. 2000) (standard for reviewing sufficiency of evidence on appeal)
- Lock v. State, 971 N.E.2d 71 (Ind. 2012) (review limited to evidence and reasonable inferences supporting verdict)
- Jones v. State, 701 N.E.2d 863 (Ind. Ct. App. 1998) (trier of fact resolves credibility and conflicting testimony)
- Abdul-Musawwir v. State, 483 N.E.2d 464 (Ind. Ct. App. 1985) (intent not to appear may be presumed absent extenuating circumstances or inadequate notice)