Rodriguez v. State, 49A02-0207-CR-549.
Citation | 785 N.E.2d 1169 |
Decision Date | 07 April 2003 |
Docket Number | No. 49A02-0207-CR-549.,49A02-0207-CR-549. |
Parties | Aaron RODRIGUEZ, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
Court | Court of Appeals of Indiana |
Jerry T. Drook, Carmel, IN, for Appellant.
Steve Carter, Attorney General of Indiana, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, IN, for Appellee.
Appellant-Defendant, Aaron Rodriguez (Rodriguez), appeals the sentence imposed on him by the trial court.
We reverse and remand for resentencing.1
Rodriguez raises two issues on review, which we restate as follows:
1. Whether the trial court properly evaluated his aggravating and mitigating factors when it imposed an enhanced sentence.
2. Whether the trial court imposed a manifestly unreasonable sentence.2
On September 8, 2001, at approximately 4:30 p.m., Indianapolis Police officers were dispatched to a personal injury accident on East Raymond Street at the I-65 northbound exit ramp involving a teal colored Honda Civic and a brown, full sized Ford truck. Dispatch advised the officers that a person was possibly trapped in one of the vehicles. Officer Sparks, a South District Accident Investigator, arrived on the scene and observed a teal colored Honda Civic on the eastern median of the intersection with severe damage to the driver's side. Then, he saw a brown Ford F-250 pickup truck on the western median of the intersection.
Officer Sparks identified the driver of the Honda Civic as Kristi Broughton (Broughton) and the driver of the Ford truck as Rodriguez. Broughton was extricated from her vehicle by the Indianapolis Fire Department and transported to Wishard Memorial Hospital in extremely critical condition. Officer Sparks attempted to speak to Rodriguez, but was unable to do so due to the fact that Rodriguez spoke little or no English. At this time, a Spanish-speaking officer was requested.
Detective Alan Leinberger (Leinberger) responded to the scene as the Spanish translator. Upon his arrival, Leinberger spoke with Rodriguez. Leinberger observed that Rodriguez's balance was unsteady, his eyes were bloodshot, his manual dexterity was poor, and his speech was slow and slurred. Leinberger also smelled the strong odor of an alcoholic beverage emanating from Rodriguez's breath. At this time, Leinberger advised Rodriguez of his Miranda rights, to which Rodriguez stated that he understood. Leinberger then proceeded to ask Rodriguez what happened.
Rodriguez stated that he was driving his employer's truck and was traveling eastbound on East Raymond Street towards the intersection of the I-65 northbound exit ramp. First, he stated that the automatic traffic light was green and then he stated that it was yellow. Rodriguez continued through the intersection and collided with Broughton. He thought that he was only going between thirty and thirty-five miles per hour. Leinberger asked Rodriguez if he consumed any alcoholic beverages on this day of the accident. Rodriguez claimed that he drank two beers at approximately 7:00 a.m. and some water.
Based on this information, Leinberger asked Rodriguez to submit to field sobriety tests and Rodriguez agreed. Leinberger administered the Horizontal Gaze Nystagmus test, the One-Leg-Stand, and the Nine-Step Walk and Turn. Rodriguez failed all three tests. Leinberger informed Rodriguez of the Indiana implied consent law and asked him to submit to a blood draw. Rodriguez agreed to take a blood test.
Leinberger transported Rodriguez to Wishard Memorial Hospital where a registered nurse performed the blood draw. During the testing, Leinberger was informed that Broughton died as a result of the injuries that she sustained from the crash. On September 10, 2001, Leinberger received notification from the Marion County Crime Lab that the analysis Rodriguez's blood indicated that the blood alcohol content was 0.25% weight/volume.
Leinberger also talked to witnesses about the accident. The witnesses reported that Rodriguez disregarded the traffic light while going eastbound and collided with Broughton's vehicle.
On September 12, 2001, the State filed an information against Rodriguez charging him with Count I, operating a vehicle while intoxicated causing death, a Class C felony, Ind.Code § 9-30-5-5; Count II, operating a vehicle with .08 or more alcohol in the blood causing death, a Class C felony, I.C. § 9-30-5-5; and Count III, reckless homicide, a Class C felony, I.C. § 35-42-1-5. On May 24, 2002, Rodriguez filed a plea agreement.
On June 14, 2002, a guilty plea hearing was held and Rodriguez pled guilty to Count I, operating a motor vehicle while intoxicated causing death. The plea agreement provided that in exchange for Rodriguez's plea of guilty on Count I, the remaining charges, Counts II and III, would be dismissed. The plea agreement also stated that the State and Rodriguez were free to argue to the trial court for an appropriate sentence. The trial court found that Rodriguez understood his rights and knowingly and voluntarily waived his rights. Therefore, the trial court accepted the guilty plea and the terms of the plea agreement and entered a judgment of conviction on Count I.
Thereafter, the trial court conducted the sentencing hearing. After considering the Pre-Sentence Investigation report and all of the evidence presented, the trial court imposed, in pertinent part, the following sentence:
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