Pedraza v. State

• Decision Date: 24 September 2007
• Docket Number: No. 49A04-0609-CR-529.,49A04-0609-CR-529.
• Citation: 873 N.E.2d 1083
• Parties: Rosalio PEDRAZA, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
• Court: Indiana Appellate Court

873 N.E.2d 1083

Rosalio PEDRAZA, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

No. 49A04-0609-CR-529.

Court of Appeals of Indiana.

September 24, 2007.

Michael R. Fisher, Marion County Public Defender Agency, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Nicole M. Schuster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

ROBB, Judge.

Case Summary and Issues

Following a jury trial, Rozalio Pedraza was convicted of two counts of operating a vehicle while intoxicated ("OWI") causing death and having a prior OWI conviction in the last five years, both Class B felonies, and OWI causing serious bodily injury and having a prior OWI conviction in the last five years, a Class C felony, and was determined to be an habitual substance offender. The trial court ordered that Pedraza serve an aggregate term of fifty-two years. Pedraza now appeals his sentence, arguing that the trial court erroneously entered a judgment of conviction for OWI causing serious bodily injury, that the trial court found an improper aggravating circumstance, that the trial court abused its discretion in failing to find mitigating circumstances, that Pedraza's sentence is inappropriate based on his character and the nature of the offenses, and that the trial court erroneously ordered Pedraza's sentences to run consecutively. Concluding that the trial court properly entered a judgment of conviction for OWI causing serious bodily injury, that the trial court did not abuse its discretion in its identification of the aggravating and mitigating circumstances, that Pedraza's sentence is not inappropriate, and that the trial court properly ordered Pedraza's sentences to run consecutively, we affirm.

Facts and Procedural History

On August 13, 2005, Thomas Youngstafel Jr. married Sandra Youngstafel.¹ Following the wedding, the Youngstafels held a reception at the White River Gardens State Park in downtown Indianapolis. Around 11:00 p.m., Christopher Youngstafel, Thomas Jr.'s twin brother, took his father's SUV and drove Thomas Jr. and Sandra to their hotel. Christopher returned to the reception and picked up his father, Thomas Youngstafel Sr., and family friends Emily Kelly, Joseph Gehler, and Dustin Miller. Thomas Sr., Kelly, and Gehler sat in the back seat of the SUV.

Christopher approached the exit of the White River Gardens, where he had a green light, and entered the intersection to turn onto Washington Street. At the same time, Pedraza was traveling west on Washington Street at approximately 50 to 55 miles per hour, at least ten miles per hour over the speed limit. Pedraza switched lanes to avoid a car that was stopped at the red light, and entered the intersection. Pedraza's truck struck the driver's side rear door of the SUV. The force of the impact spun the SUV around, completely ejected Kelly and Gehler from the vehicle, and partially ejected Thomas Sr., leaving him suspended from the rear driver's side door and causing his head to hit the pavement. By the time the first responding officer arrived on the scene, neither Thomas Sr. nor Gehler had a pulse, and both died of injuries sustained in the accident. Kelly sustained non-fatal, but serious injuries, including a lacerated spleen.

Blood tests revealed that Pedraza's blood-alcohol concentration ("BAC") was .26 gram of alcohol per 100 milliliters, an amount over three times the legal limit. See Ind.Code § 9-30-5-1(a) (one who operates a motor vehicle with a BAC of at least .08 gram of alcohol but less than .15 gram per 100 milliliters commits a Class C misdemeanor). Toxicology testing also revealed that Pedraza had Benzoylecgonine present in his blood, indicating recent cocaine use.

On August 15, 2005, the State charged Pedraza with eight offenses: two counts of OWI causing death, both Class C felonies, two counts of operating a motor vehicle with a BAC greater than .15, both Class B felonies, two counts of reckless homicide, both Class C felonies, OWI causing serious bodily injury, a Class D felony, and operating a motor vehicle with a BAC greater than .08 causing serious bodily injury, a Class D felony. On September 1, 2005, the State filed an Amended Information alleging that Pedraza was an habitual substance offender, and seeking to enhance the OWI causing death counts to Class B felonies and the OWI causing serious bodily injury and operating a motor vehicle with a BAC greater than .08 causing serious bodily injury counts to Class C felonies based on the fact that Pedraza had a prior OWI conviction. On August 9, 2006, the State filed a second Amended Information, charging Pedraza with two counts of operating a motor vehicle with a metabolite in the blood causing death, Class B felonies, and operating a motor vehicle with a metabolite in the blood causing serious bodily injury, a Class D felony. The case proceeded to trial on August 14, 2006, and the jury found Pedraza guilty of all charges.²

On August 25, 2006, the trial court held a sentencing hearing, at which the trial court vacated all counts except for both OWI causing death counts, the OWI causing serious bodily injury count, and the habitual substance offender enhancement. The trial court found as aggravating circumstances Pedraza's criminal history, the fact that he was "in need of rehabilitation that can only be offered through a penal facility and that prior attempts at rehabilitation through probation have all failed," and "the nature and circumstances of this offense the fact that three families are totally devastated because of the horrific nature of this accident." Transcript at 304. The trial court found mitigating circumstances of "the fact that [Pedraza] did express [his] remorse in Court today and [he] did finally admit that [he] had consumed . . . approximately 15 beers on that occasion." Id. at 304-05. The trial court went on to specifically note that it was not considering the fact that Pedraza chose to go to trial instead of accepting the State's plea offer as an aggravating circumstance.³ The trial court found that the aggravating circumstances outweighed the mitigating circumstances, and sentenced Pedraza to eighteen years for both OWI causing death counts, eight years for OWI causing serious bodily injury, enhanced one of the OWI causing death sentences by eight years because of Pedraza's status as an habitual substance offender, and ordered that all sentences run consecutively for an aggregate sentence of fifty-two years. Pedraza now appeals.

Discussion and Decision

I. Judgment of Conviction for OWI Causing Serious Bodily Injury

At the sentencing hearing, the trial court stated that it was vacating the jury's judgment of conviction under count VII, operating a motor vehicle while intoxicated causing serious bodily injury, a Class D felony, stating, "Count VII, operating a vehicle while intoxicated, the serious bodily injury of Miss [Kelly], the D Felony, the Court's going to vacate that judgment of conviction." Tr. at 307. The trial court later entered a judgment of conviction for "Count XI, operating a motor vehicle while intoxicated, serious bodily injury with a prior Class C Felony, with respect to Miss Kelly." Id. at 308. The charging information for count XI indicates that count XI is "Part II of Count VII," and states that Pedraza,

[h]eretofore charged in Count VII on Page I with Operating A Motor Vehicle While Intoxicated Causing Serious Bodily Injury, was previously convicted of the offense of Operating A Vehicle While Intoxicated . . . and that said conviction occurred within five (5) years of the date alleged on Page I of this information.

Appellant's Appendix at 48. Pedraza argues that because Count XI is "merely an enhancement based on a prior conviction," and because "[w]ith the vacation of the judgment of conviction under Count VII, there is no conviction to be enhanced," we should vacate the sentence imposed under count XI. We disagree.

When interpreting the trial court's judgment, "it is critical to take into account the language of the entire order." Gilbert v. Gilbert, 777 N.E.2d 785, 792 (Ind.Ct.App.2002). In doing so, "we may look at the entire record, including, but not limited to, the complaint, findings, and evidence to ascertain the judgment's meaning and effect." Otto v. Park Garden Assocs., 612 N.E.2d 135, 140 (Ind.Ct.App.1993), trans. denied.

Although the trial court stated that it was vacating the conviction under count VII, the trial court clearly intended to enter a judgment of conviction against Pedraza for his act of OWI causing serious bodily injury, as it stated that it was entering a judgment of conviction under count XI, which was the second part of count VII, for the injuries caused to Kelly. Although count XI references only Pedraza's prior conviction, and does not contain the factual allegations of the instant offense, it references count VII, which does contain the factual allegations, and contains a citation to the OWI causing serious bodily injury statute. The abstract of the judgment indicates that the trial court entered judgment under count XI for "OPER. VEH. WHILE INTOX, SBI/W/PRIOR," appellant's app. at 19, and cites the OWI causing serious bodily injury statute. Although the trial court could have been more clear in its oral sentencing statement, we conclude that when the trial court stated that it was vacating the conviction under count VII, the trial court was merely indicating that instead of entering a judgment of conviction as a Class D felony, it was entering judgment as a Class C felony because of the enhancement under count XI. Therefore, we decline to vacate Pedraza's sentence under count XI, and conclude that the trial court properly entered a judgment of conviction and sentenced Pedraza for OWI causing serious bodily injury.

II. Aggravating Circumstance of Criminal History

The trial court found Pedraza's criminal history of two previous OWI convictions to...