Craigo v. State ex rel. Van Natta, 3--1173A150

• Decision Date: 04 February 1975
• Docket Number: No. 3--1173A150,3--1173A150
• Parties: Arthur Ray CRAIGO, Defendant-Appellant, v. STATE of Indiana, on the relation of Ralph W. VAN NATTA, Commissioner of the Bureau of Motor Vehicles, Plaintiff-Appellee.
• Court: Indiana Appellate Court

Page 400

322 N.E.2d 400

163 Ind.App. 158

Arthur Ray CRAIGO, Defendant-Appellant, v. STATE of Indiana, on the relation of Ralph W. VAN NATTA,

Commissioner of the Bureau of Motor Vehicles,

Plaintiff-Appellee.

No. 3--1173A150.

Court of Appeals of Indiana, Third District.

Feb. 4, 1975.

Jerry N. Virgil, Elkhart, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Robert E. Dwyer, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

HOFFMAN, Judge.

This is an appeal by defendant-appellant Arthur Ray Craigo from a judgment of the trial court ordering the suspension of his driver's license.

On March 23, 1973, an affidavit was filed against appellant wherein it was alleged that he is an habitual traffic offender. Attached to the affidavit was a certified copy of appellant's driving record. Following a hearing on June 15, 1973, the trial court found appellant to be an habitual traffic offender and ordered that his driving privileges be suspended for a period of ten years. Thereafter, appellant's motion to correct errors was overruled and the present appeal was perfected.

The sole issue which will be considered is whether the trial court's finding that appellant is an habitual traffic offender is supported by sufficient evidence.

The only evidence presented at the hearing was the affidavit initiating this proceeding and a copy of Craigo's driving record certified by the Commissioner of the Bureau of Motor Vehicles. This record indicates numerous convictions of motor vehicle violations, the most recent conviction occurring on January 12, 1973. This record, however, does not indicate on what date the offenses resulting in these convictions were committed.

IC 1971, 9--4--13--3 (Burns Code Ed.), provides, in pertinent part, as follows:

'(a) The term 'habitual traffic offender' means any person who, within a ten (10) year period, accumulates convictions of the number and type specified in paragraphs (1), (2), (3), and (4) of this subsection. In determining the ten (10) year period, at least one (1) of such offenses must occur on or after the effective date (September 1, 1972) of this chapter.'

The requirement that at least one of the offenses be committed 'on or after the effective date * * * of this chapter' is necessary to avoid the constitutional proscription of ex post facto laws. State ex rel. Van Natta v. Rising (1974), Ind., 310 N.E.2d 873. See: Art. 1, § 10 of the Constitution of the United States; Art. 1, § 24 of the Constitution of the State of Indiana. It should be pointed out that it is not the occurrence of a conviction on or after the effective date of the chapter which renders its penalties constitutionally capable of imposition;...