Terrence Strong v. State of Indiana, 2015 Ind. App. LEXIS 296

On August 26, 2011, police stopped Terrence Strong after observing a turn/lane change and an alleged failure to stop; chemical test showed BAC .10.
Strong was charged with OWI (Class A misdemeanor after elevation), operating with BAC .08–.15 (Class C misdemeanor, merged), and failing to stop at a stop sign (Class C infraction).
After a bench trial, Strong was convicted of the operating offense (merged to one sentence) and the traffic infraction; fine was imposed and later reduced.
Strong missed the 30-day appeal deadline, moved for permission to file a belated notice of appeal under Post‑Conviction Rule 2, and the trial court granted leave after a hearing; a second leave was granted when counsel’s file was misplaced.
The State cross‑appealed the belated‑notice order; Strong appealed claiming double jeopardy because the same act (failure to stop) was used to prove both the infraction and the endangerment element of OWI.

Issue	Plaintiff's Argument (Strong)	Defendant's Argument (State)	Held
Whether the trial court abused its discretion in granting leave to file a belated notice of appeal under Post‑Conviction Rule 2	Trial court and counsel failed to inform Strong of appeal rights; he was without fault and diligent in seeking leave, and counsel’s office misplaced his file	Post‑Conviction Rule 2 does not apply to challenges to civil traffic infractions; thus leave was improper	Trial court did not abuse its discretion; Strong properly proceeded under P-C R.2 and leave was properly granted
Whether conviction for OWI and the traffic infraction violate Indiana double jeopardy (actual‑evidence test)	Evidence of the single act (failure to stop) may have been used to prove both the infraction and the endangerment element of OWI, creating a reasonable possibility of double jeopardy	State produced independent evidence of endangerment — improper lane change and near collision — distinct from the stop violation	No double jeopardy violation; actual evidence supporting OWI (improper lane change/near collision) was independent of the stop infraction, so both stand

Cole v. State, 989 N.E.2d 828 (Ind. Ct. App. 2013) (abuse‑of‑discretion review for belated notice of appeal rulings)
Moshenek v. State, 868 N.E.2d 419 (Ind. 2007) (factors for fault and diligence in belated‑notice analysis)
Cross v. State, 15 N.E.3d 569 (Ind. 2014) (Indiana constitutional double jeopardy framework)
Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (distinct‑offense analysis for double jeopardy)
Garrett v. State, 992 N.E.2d 710 (Ind. 2013) (actual‑evidence test explained)
Outlaw v. State, 918 N.E.2d 379 (Ind. Ct. App. 2009) (endangerment element requires evidence beyond intoxication)
In re Adoption of O.R., 16 N.E.3d 965 (Ind. 2014) (extraordinary‑reasons standard for allowing belated appeals in civil posture)
State v. Hurst, 688 N.E.2d 402 (Ind. 1997) (treatment of traffic infractions as civil for some purposes and federal double jeopardy discussion)