Fields v. State, 1-578A120
| Docket Nº | No. 1-578A120 |
| Citation | 384 N.E.2d 1127, 179 Ind.App. 194 |
| Case Date | January 23, 1979 |
| Court | Court of Appeals of Indiana |
Page 1127
v.
STATE of Indiana, Appellee (Plaintiff below).
Rehearing Denied March 14, 1979.
[179 Ind.App. 195]
Page 1128
Harriette Bailey Conn, Public Defender, David P. Freund, Marcia L. Dumond, Deputy Public Defenders, Indianapolis, for appellant.Theo. L. Sendak, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.
ROBERTSON, Judge.
The issues raised by the defendant-appellant Fields question the sufficiency of the evidence to support his conviction of interfering with a police officer, assault and battery, and disorderly conduct, and, whether it was proper to sentence him on all three crimes which, purportedly, arose from a single set of operative facts.
We find no reversible error.
A summary of facts favorable to the State shows that Fields went to the Bob Davis Garage to retrieve his trailer. Gary Davis, a co-owner of the garage, informed Fields that he could have the trailer upon payment of towing and storage fees. When he argued with Gary about the charge, Fields was advised to discuss the matter with Gary's father, Bob Davis, the other garage co-owner. Fields argued further and then left, walking towards Rushville. Fields then returned to the garage in his truck, hitched the unlicensed trailer to the truck and left, striking a parked vehicle on his way out. Gary Davis called the Rushville police. Rushville Officer Isgrigg responded, and, when informed of the situation, Isgrigg told Davis he would have to call the Sheriff because the garage was not in the city. Fields, Sans trailer, returned once again and began loudly cursing Davis and Isgrigg. Isgrigg attempted to calm Fields but was unsuccessful. Fields again departed.
Sheriff Hedrick arrived at the garage and was advised of the series of events. Hedrick and Gary Davis went to Rushville and finally located [179 Ind.App. 196] Fields's truck and trailer parked behind a building. Hedrick told Davis to get his truck and tow the trailer back to the garage. Davis was starting back to the garage when Fields appeared and reacted by cursing and yelling. Hedrick attempted to reason with Fields and calm him down for about 20 to 25 minutes. Fields reacted by jumping in the truck and then climbing onto the trailer and jumping up and down, all the while cursing and yelling at Hedrick and Davis. During this period, people came out of nearby business places because of the...
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...time on appeal following bench trials in Guardiola v. State (1978), 268 Ind. 404, 375 N.E.2d 1105 and Fields v. State (1979), Ind.App., 384 N.E.2d 1127 and in Washington v. State (1978), Ind.App., 379 N.E.2d 1032 permitted the issue to be so Although the success ratio for successful asserti......
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