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Jon E. GARCIA, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff

Court of Appeals of Indiana2012-10-09No. No. 20A04-1202-CR-257
979 N.E.2d 156

Summary

Holding. The trial court properly denied Garcia's motion for a directed verdict because a vehicle qualifies as a 'place where people are likely to gather' under Indiana Code Section 35-42-2-2(c)(3)(A), making the evidence sufficient to support the Class C felony criminal recklessness conviction. The judgment of conviction was affirmed.

Jon Garcia was convicted of Class C felony criminal recklessness after firing multiple bullets into a vehicle occupied by a former gang associate and the associate's uncle at a downtown intersection. Garcia appealed, arguing that the trial court should have granted his motion for a directed verdict because a motor vehicle does not qualify as a 'place where people are likely to gather' under Indiana's criminal recklessness statute. The appellate court rejected this argument, holding that the plain language of the statute encompasses vehicles as places, and that a vehicle is clearly a location where people gather and congregate.

The court applied the standard of review for directed verdict motions, which requires that a motion be granted only when the record is devoid of evidence on an element of the offense or when the evidence presented is uncontradicted and leads to only one inference favorable to the defendant. The court determined that the statutory language defining 'place' is not ambiguous and, using ordinary meanings, a vehicle fits within that definition. The court also noted that other Indiana statutes listing vehicles alongside buildings and structures support the conclusion that vehicles constitute places under criminal law.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a motor vehicle constitutes a 'place where people are likely to gather' under the criminal recklessness statute
  • Whether the trial court erred in denying a motion for directed verdict when the statutory language was unambiguous

Procedural posture

Garcia appealed his conviction for Class C felony criminal recklessness, challenging the trial court's denial of his motion for a directed verdict on that charge following a jury trial.

Authorities cited

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Opinion

majority opinion

OPINION

BARNES, Judge.

Case Summary

Jon Garcia appeals his conviction for Class C felony criminal recklessness. We affirm.

Issue

Garcia raises one issue, which we restate as whether the trial court properly denied his motion for a directed verdict.

Facts

Garcia and Eduardo Salazar were both members of the Vatos Locos gang until Salazar defected. On October 24, 2009, Salazar and his uncle were in a car driving in downtown Goshen. While they were stopped at an intersection, a vehicle drove up beside them. Garcia was in the passenger seat and feed multiple bullets into Salazar’s vehicle.

The State charged Garcia with Class C felony criminal recklessness and two counts of Class D felony criminal recklessness. After the presentation of evidence at Garcia’s jury trial, his counsel moved for a directed verdict on the Class C felony criminal recklessness charge. His counsel argued that the vehicle was not a “place where people are likely to gather” as required under the criminal recklessness statute. Tr. p. 390. The trial court denied Garcia’s motion for a directed verdict. The jury then found Garcia guilty as charged. The trial court entered judgment of conviction for Class C felony criminal recklessness and one count of Class D felony criminal recklessness. The trial court sentenced Garcia to an aggregate sentence of ten years with two years suspended to probation. Garcia now appeals.

Analysis

Garcia argues that the trial court erred when it denied his motion for directed verdict on the Class C felony criminal recklessness charge. Indiana Trial Rule 50(A) governs motions for directed verdict, which are also called motions for judgment on the evidence, and provides:

Where all or some of the issues in a case tried before a jury ... are not supported by sufficient evidence or a verdict thereon is clearly erroneous as contrary to the evidence because the evidence is insufficient to support it, the court shall withdraw such issues from the jury and enter judgment thereon or shall enter judgment thereon notwithstanding a verdict.

When a defendant moves for judgment on the evidence, the court is required to withdraw the issues from the jury if: (1) the record is devoid of evidence on one or more elements of the offense; or (2) the evidence presented is without conflict and subject to only one inference, which is favorable to the defendant. Ind. Trial Rule 50(A); Farris v. State, 753 N.E.2d 641, 647 (Ind.2001).

On appeal, we use the same standard of review as the trial court in determining the propriety of a judgment on the evidence. State v. Taylor, 863 N.E.2d 917, 919 (Ind.Ct.App.2007). “When the trial court considers entering judgment on the evidence, it must view the evidence in a light most favorable to the party against whom judgment on the evidence would be entered.” Id. A trial court may not invade the province of the jury by weighing the evidence presented or the credibility of witnesses. Id. A trial court is “ ‘not authorized under Trial Rule 50, in a criminal case, to consider whether the evidence presented could be viewed by a reasonable jury as constituting proof beyond a reasonable doubt.’ “ Id. (quoting State v. Goodrich, 504 N.E.2d 1023, 1024 (Ind.1987)). A defendant’s motion for judgment on the evidence should not be granted if the State presents a prima facie case. Id. at 920.

Indiana Code Section 35-42-2-2(b) provides that “[a] person who recklessly, knowingly, or intentionally performs ... an act that creates a substantial risk of bodily injury to another person ... commits criminal recklessness.” The offense is a Class C felony if “it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather.” I.C. § 35-42-2-2(c)(3)(A). The State alleged in the charging information that the “occupied motor vehicle” was a place where people were likely to gather. App. p. 102. On appeal, Garcia argues that a vehicle is not a “place” and that, even if it is a “place,” it is not a “place where people are likely to gather.”

The interpretation of a statute is a question of law reserved for the courts. Scalpelli v. State, 827 N.E.2d 1193, 1196 (Ind.Ct.App.2005), trans. denied. “A statute whose language is clear and unambiguous is not subject to judicial interpretation.” Id. “If, however, the statute is ambiguous, the court must determine the legislative intent and interpret the statute accordingly.” Id. “To determine legislative intent, we look to the plain language of the statute and attribute the common, ordinary meaning to terms found in everyday speech.” Id.

The statute at issue does not define a “place where people are likely to gather,” and our courts have not had the opportunity to address this issue. I.C. § 35-42-2-2. The word “place” has a broad definition, including “[a] bounded area; a portion of space,” “[a] building or an area set aside for a specified purpose,” and “[a] space in which one person, such as a passenger, can sit or stand.” Amemcan Heritage College DictionaRY 1043 (3rd ed.2000). Nothing in the common ordinary meaning of “place” would seem to exclude a vehicle as a “place.”

In support of his argument, Garcia notes that Indiana Code Section 35-48-4-13, which addresses the offenses of visiting or maintaining a common nuisance, refers to “a building, structure, vehicle, or other place.” Garcia argues that, based on that statutory language, the legislature does not intend to include a vehicle as a place. The State correctly notes that Indiana Code Section 35-48-4-13 “actually shows the opposite” because a “ ‘vehicle’ is listed along with ‘building,’ ‘structure,’ ‘or other place, indicating that a vehicle is also a place.” Appellee’s Br. p. 6.

We conclude that a vehicle can be a “place” as contemplated by the criminal recklessness statute. Further, we have no difficulty holding that a vehicle can be a “place where people are likely to gather.” A vehicle, which can transport people, is clearly a location where people could congregate and gather. We conclude that, under Indiana Code Section 35A2-2-2, a vehicle can be unambiguously included as a “place where people are likely to gather.” As a result, the trial court properly denied Garcia’s motion for directed verdict.

Conclusion

The trial court properly denied Garcia’s motion for directed verdict. We affirm.

Affirmed.

VAIDIK, J., and MATHIAS, J., concur.

. Garcia did not appear at the trial.