Simmons v. State
962 N.E.2d 86
Ind. Ct. App.2011Background
- Simmons was convicted in Jennings Circuit Court of Class C felony OWI with a prior OWI causing death and eight years executed were imposed.
- The State charged Counts I–IV after discovering Simmons’s 1998 OWI causing death conviction.
- Evidence at trial showed Simmons exhibited intoxication signs and failed field sobriety tests; BAC was later measured at .19.
- SIMMONS’s prior OWI causing death triggered enhancement under I.C. § 9-30-5-3(b) (2004).
- Count I (Class C felony OWI with prior OWI causing death) was ultimately the basis for the conviction; other counts were merged.
- Simmons appealed, challenging ex post facto application, sufficiency of evidence, and the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the OWI enhancement violated ex post facto provisions. | Simmons argues enhancement post-dates prior conviction. | State contends no re-punishment or penalty increase for prior crime. | No ex post facto violation; punishment applies to current act. |
| Whether the State proved sufficient evidence of Class C felony OWI. | Simmons contends insufficient proof of endangering or BAC threshold. | State needed only intoxication and prior OWI causing death. | Sufficient evidence supported intoxicated operation and prior OWI; elements met. |
| Whether the eight-year sentence was inappropriate. | Simmons argues sentence is excessive given offense. | Court properly considered offense and character; habitual recidivism noted. | Eight-year sentence not inappropriate. |
Key Cases Cited
- Teer v. State, 738 N.E.2d 283 (Ind.Ct.App.2000) (ex post facto analysis; penal impact of changes to law)
- Funk v. State, 427 N.E.2d 1081 (Ind.1981) (recidivist penalties; punishment applied for later crime)
- Hall v. State, 273 Ind. 507, 405 N.E.2d 530 (1980) (habitual offender rationale; no ex post facto impact)
- Collins v. State, 911 N.E.2d 700 (Ind.Ct.App.2009) (law in effect at time of crime governs; general rule applied)
- Wallace v. State, 905 N.E.2d 371 (Ind.2009) (sex offender registry; distinguishes from recidivist enhancement)
- Pedraza v. State, 887 N.E.2d 77 (Ind.2008) (double enhancement concern under advisory sentencing)
- Wooley v. State, 716 N.E.2d 919 (Ind.1999) (prior OWI as aggravator in subsequent offense)