Winston K. Wood v. State of Indiana
999 N.E.2d 1054
| Ind. Ct. App. | 2013Background
- Wood was convicted of two Class C felonies and one Class D felony for leaving the scene of a boating accident that killed two people and injured another after a June 28, 2010 collision on Lake Monroe.
- Wood briefly assisted at the scene but left for the marina, waited for about 1.5 hours, and was instructed by 911 to remain at the Fourwinds marina.
- The State charged Counts I–III on August 3, 2010; Wood moved to dismiss as unconstitutionally vague; special judge was appointed; the motion to dismiss was denied on August 1, 2011.
- Wood filed a Criminal Rule 4(C) discharge motion in January 2012; the State argued delay from appointment of a special judge should be attributed to Wood; the trial court denied the motion.
- After a five-day trial, the court convicted Wood on all counts, then this appeal followed in which the Court affirmed in part, reversed in part, and remanded for resentence and dismissal of some convictions.
- The majority remanded to dismiss one Class C felony and one Class D felony conviction consistent with double jeopardy concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 4(C) discharge was correctly denied | Wood | The delay was attributable to the State due to the special-judge appointment; timely objection was waived | No error; delay tolled under binding precedent; discharge denied |
| Whether there was sufficient evidence Wood violated 14-15-4-1 | Wood | Evidence showed failure to provide required information and assistance; 911 calls cannot be attributed to Wood | Sufficient evidence supported convictions; but not all convictions—remand for one Class C and one Class D to avoid double jeopardy |
| Whether multiple convictions arising from one incident violated double jeopardy | Wood | Leaving the scene due to one incident could yield multiple convictions | Remanded to vacate two convictions (one Class C and one Class D) and resentence; only one conviction may stand for the single leaving-the-scene act |
Key Cases Cited
- Pelley v. State, 901 N.E.2d 494 (Ind.2009) (Rule 4(C) tolling for interlocutory appeals; stays toll the time for trial)
- Martin v. State, 245 Ind. 224, 194 N.E.2d 721 (Ind.1963) (interlocutory appeals tolling and trial delays cases)
- Gibson v. State, 910 N.E.2d 263 (Ind.Ct.App.2009) (timeliness objection and Rule 4(C) timing)
- Nield v. State, 677 N.E.2d 79 (Ind.Ct.App.1997) (double jeopardy when multiple convictions from one accident)