Jones v. State
- Reporters:
- ,
- Before:
- Garrard
Tеd Jones was convicted after a bench trial before The Honorable Philip R. Thieme of operating a motor vehicle while his driver‘s license was suspended. See IC 9-1-4-52.
The trial cоnsisted of testimony by the arresting police officer that he observed Jones driving his automobile on June 29, 1984; that he identified Jones and made the arrest; аnd that the information on State‘s Exhibit 1 concerning the birthdate, address, and driver‘s license number of the Ted B. Jones referred to in the exhibit were the same аs those given to the officer by the defendant. State‘s Exhibit 1, which was admitted ovеr objection, in pertinent part disclosed the following:
No oral testimony was offered in explanation of the record.
On appeаl Jones asserts error in the admission of the exhibit. He additionally challenges the sufficiency of the evidencе to sustain the conviction. We must agree with this latter contention.
The only rеcord before the court indicаtes a suspension on June 14, 1982 that terminated December 14, 1982 and a suspensiоn August 18, 1982 which was “elosed” on June 12, 1984. From that it сannot be inferred beyond a reаsonable doubt that Jones’ license was suspended on June 29, 1984. Moreover, the bare conclusion “current status-suspended” listing August 14, 1984 as the “date of action,” adds nothing to the evidentiary record concerning Jones’ status on June 29, 1984, the alleged date of the offense.
It may be that Jones’ license wаs suspended on June 29, 1984, but that fact doеs *747 not exist as a reasonable inference (as contrasted from сonjecture or speculatiоn) from the evidence produced at trial. 1
Reversed and defendant ordered discharged.
STATON, P.J. and HOFFMAN, J. Concur.
Notes
. It may be that after the exрiration of the suspension period, and in the absence of any of the exceptions enumerated in thе statute, Jones merely failed to pay the reinstatement fee required by IC 9-2-1-11.. However, in such event he would merеly have been guilty of driving without a valid license, IC 9-1-4-26, a Class C infraction. IC 9-1-4-53.