Washington v. State, No. 49A02-0207-CR-527.
| Docket Nº | No. 49A02-0207-CR-527. |
| Citation | 784 N.E.2d 584 |
| Case Date | March 12, 2003 |
| Court | Court of Appeals of Indiana |
784 N.E.2d 584
Dominic WASHINGTON, Appellant-Defendant,v.
STATE of Indiana, Appellee-Plaintiff
No. 49A02-0207-CR-527.
Court of Appeals of Indiana.
March 12, 2003.
Steve Carter, Attorney General of Indiana, Nandita G. Shepherd, Deputy Attorney General Indianapolis, IN, Attorneys for Appellee.
OPINION
SHARPNACK, Judge.
Dominic Washington appeals his conviction for carrying a handgun without a license as a class C felony.1 Washington raises one issue, which we restate as whether the trial court abused its discretion by admitting the handgun into evidence. We affirm.
The relevant facts follow. On October 20, 2001, Deputy Robert Hamblin of the Marion County Sheriff's Department saw Washington driving a vehicle on 42nd Street in Indianapolis. Washington failed to signal while changing lanes. Deputy Hamblin "ran" the vehicle's license plates
Deputy Hamblin initiated a traffic stop and informed Washington of the reasons for the traffic stop. When Deputy Hamblin asked for Washington's driver's license and registration, Washington made an unusual "wide movement back towards his hip." Id. at 12. Washington tried "to lean to the side and reach way out and around and back [to] grab his wallet." Id. Deputy Hamblin also smelled what he believed to be marijuana in the vehicle. Deputy Hamblin returned to his vehicle to check Washington's license and registration. As he was checking the information, he noticed Washington adjusting his rearview mirror and watching Deputy Hamblin in his rearview mirror and side mirror. When Deputy Hamblin returned to Washington's vehicle, he asked Washington to step to the back of the vehicle so that he could explain the traffic warnings. As Washington exited the vehicle, Deputy Hamblin observed a bulge on Washington's back hip. Deputy Hamblin believed that the bulge was a weapon and instructed Washington to keep his hands up. Deputy Hamblin conducted a patdown search and discovered a handgun under Washington's shirt on his right hip area. Deputy Hamblin arrested Washington and then discovered marijuana during a subsequent search of his vehicle.
The State charged Washington with carrying a handgun without a license as a class C felony and possession of marijuana as a class D felony.2 Washington filed a pre-trial motion to suppress the gun and the marijuana, which the trial court denied. During a bench trial, Washington objected to the admission of the handgun and the marijuana and renewed his motion to suppress. The trial court admitted the gun into evidence, but excluded the marijuana. The trial court found Washington guilty of carrying a handgun without a license and not guilty of possession of marijuana. The trial court sentenced Washington to four years in the Indiana Department of Correction, with four years suspended and two years of probation.
The sole issue is whether the trial court abused its discretion by admitting the handgun into evidence. Initially, we note that both Washington and the State frame the issue in this case as whether the trial court abused its discretion by denying Washington's motion to suppress the handgun. However, Washington did not seek an interlocutory appeal after the denial of his motion to suppress. Rather, he proceeded with his trial and objected to the admission of the evidence at trial. In such cases, the trial court's denial of a motion to suppress is insufficient to preserve error for appeal. Green v. State, 753 N.E.2d 52, 59 (Ind.Ct.App. 2001), trans. denied. Rather, the defendant must make contemporaneous objection to the admission of evidence at trial. Jackson v. State, 735 N.E.2d 1146, 1152 (Ind.2000). If the defendant makes such an objection and the foundational evidence is not the same as at the suppression hearing stage, the trial court must determine whether evidence is admissible based upon the testimony and evidence presented at trial. See, e.g., Joyner v. State, 678 N.E.2d 386, 392-392...
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Criswell v. State, No. 02A03–1501–CR–22.
...reverse a trial court's ruling on the admissibility of evidence only when the trial court abused its discretion. Washington v. State, 784 N.E.2d 584, 587 (Ind.Ct.App.2003) (citing Bradshaw v. State, 759 N.E.2d 271, 273 (Ind.Ct.App.2001) ). An abuse of discretion involves a decision that is ......
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Bentley v. State, No. 49A02-0508-CR-694.
...is more appropriately framed as whether the trial court abused its discretion by admitting the evidence at trial. Washington v. State, 784 N.E.2d 584, 586-87 (Ind.Ct.App.2003); but see Sellmer v. State, 842 N.E.2d 358, 365 (Ind.2006) (reviewing the trial court's denial of the defendant's mo......
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Kimble v. State, No. 49A02-1303-CR-268
...discretion by admitting the evidence at trial.'" Cole v. State, 878 N.E.2d 882, 885 (Ind. Ct. App. 2007) (quoting Washington v. State, 784 N.E.2d 584, 587 (Ind. Ct. App. 2003)).Our standard of review for rulings on the admissibility of evidence is essentially the same whether the challenge ......
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Billingsley v. State, No. 02A05–1204–CR–216.
...on the admissibility of evidence, and we will reverse such a ruling only upon a showing of an abuse of discretion. Washington v. State, 784 N.E.2d 584, 587 (Ind.Ct.App.2003). An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and circumstanc......
-
Criswell v. State, No. 02A03–1501–CR–22.
...reverse a trial court's ruling on the admissibility of evidence only when the trial court abused its discretion. Washington v. State, 784 N.E.2d 584, 587 (Ind.Ct.App.2003) (citing Bradshaw v. State, 759 N.E.2d 271, 273 (Ind.Ct.App.2001) ). An abuse of discretion involves a decision that is ......
-
Bentley v. State, No. 49A02-0508-CR-694.
...is more appropriately framed as whether the trial court abused its discretion by admitting the evidence at trial. Washington v. State, 784 N.E.2d 584, 586-87 (Ind.Ct.App.2003); but see Sellmer v. State, 842 N.E.2d 358, 365 (Ind.2006) (reviewing the trial court's denial of the defendant's mo......
-
Kimble v. State, No. 49A02-1303-CR-268
...discretion by admitting the evidence at trial.'" Cole v. State, 878 N.E.2d 882, 885 (Ind. Ct. App. 2007) (quoting Washington v. State, 784 N.E.2d 584, 587 (Ind. Ct. App. 2003)).Our standard of review for rulings on the admissibility of evidence is essentially the same whether the challenge ......
-
Billingsley v. State, No. 02A05–1204–CR–216.
...on the admissibility of evidence, and we will reverse such a ruling only upon a showing of an abuse of discretion. Washington v. State, 784 N.E.2d 584, 587 (Ind.Ct.App.2003). An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and circumstanc......