Kahteith Moeseley v. State of Indiana (mem. dec.)
49A05-1705-CR-905
| Ind. Ct. App. | Oct 31, 2017Background
- On April 15, 2016, police responded to a crash at 42nd Street and Arborcrest Drive involving two vehicles; Kahteith Moeseley identified himself as one driver and had a child passenger under 10 in his car.
- Officers observed signs of intoxication (glassy, bloodshot eyes, slurred speech, unsteady balance, odor of alcohol); Moeseley performed poorly on field sobriety tests.
- A blood draw at the hospital showed an alcohol concentration equivalent (ACE) of 0.134.
- The State charged five counts (including felony neglect of a dependent, level 6 felony OWI, class C misdemeanor for ACE ≥ 0.08, and two counts of invasion of privacy); neglect charge was later dismissed.
- Jury convicted Moeseley of level 6 felony OWI, class C misdemeanor ACE ≥ 0.08, and two invasion-of-privacy misdemeanors; trial court imposed concurrent sentences.
- On appeal Moeseley challenged sufficiency of evidence for endangerment (element of elevated OWI) and argued double jeopardy by convicting him of both felony OWI and the lesser-included ACE offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that defendant operated vehicle in manner that endangered a person (element for elevated OWI) | State: evidence of intoxication plus a collision permits a reasonable inference that defendant’s impaired turning endangered others | Moeseley: collision alone and intoxication insufficient to prove endangerment beyond mere impairment | Court: Evidence sufficient — intoxication coupled with collision allowed jury to infer endangerment |
| Double jeopardy from convictions for both level 6 felony OWI and lesser-included ACE ≥ 0.08 misdemeanor | State: conceded that double jeopardy requires vacatur of lesser conviction | Moeseley: convictions violate double jeopardy principles | Court: Agreed — remanded with instruction to vacate the lesser-included misdemeanor conviction |
Key Cases Cited
- Bell v. State, 31 N.E.3d 495 (Ind. 2015) (standard for reviewing sufficiency of evidence)
- Vanderlinden v. State, 918 N.E.2d 642 (Ind. Ct. App. 2009) (endangerment may be shown without another person being in the vehicle’s path)
- Outlaw v. State, 918 N.E.2d 379 (Ind. Ct. App. 2009) (endangerment requires proof beyond mere intoxication)
- Hornback v. State, 693 N.E.2d 81 (Ind. Ct. App. 1998) (operating with a prohibited BAC is a lesser-included offense of OWI)
- Bass v. State, 75 N.E.3d 1100 (Ind. Ct. App. 2017) (convicting both an offense and its lesser-included offense violates double jeopardy)
- West v. State, 22 N.E.3d 872 (Ind. Ct. App. 2014) (merger of convictions without vacatur does not cure double jeopardy violation)