Woodson v. State, 102220 INCA, 20A-CR-642
|Opinion Judge:||Bradford, Chief Judge.|
|Party Name:||Antonio Woodson, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.|
|Attorney:||ATTORNEY FOR APPELLANT Timothy J. O'Connor O'Connor & Auersch Indianapolis, Indiana ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Ian McLean Supervising Deputy Attorney General Indianapolis, Indiana|
|Judge Panel:||Najam, J., and Mathias, J., concur.|
|Case Date:||October 22, 2020|
|Court:||Court of Appeals of Indiana|
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
Appeal from the Marion Superior Court The Honorable Shatrese M. Flowers, Judge The Honorable James K. Snyder, Commissioner Trial Court Cause No. 49G-1905-F5-18396
ATTORNEY FOR APPELLANT Timothy J. O'Connor O'Connor & Auersch Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Ian McLean Supervising Deputy Attorney General Indianapolis, Indiana
Bradford, Chief Judge.
[¶1] Antonio Woodson appeals his conviction for Level 5 felony carrying a handgun without a license. Although Woodson specifically stated that he had no objection to admission of the handgun into evidence during trial, he argues on appeal that the trial court abused its discretion by admitting the handgun into evidence. Because we conclude that Woodson has waived the claim for appellate review, we affirm.
Facts and Procedural History
[¶2] Just before 4:00 a.m. on May 12, 2019, members of the Indianapolis Metropolitan Police Department were dispatched to an area near the intersection of Franklin Road and 38th Street in Indianapolis after receiving a report that a vehicle had been idling "in the road" for approximately twenty minutes. Tr. Vol. II p. 154. When they arrived, the responding officers approached the vehicle and observed Woodson "passed out behind the wheel." Tr. Vol. II p. 160. Woodson eventually came to, displaying signs of impairment. During their encounter with Woodson, the officers observed "beer bottles on the passenger side" and a handgun sitting in plain sight on the center console, within Woodson's reach. Tr. Vol. II p. 163. The officers further observed that although disoriented, Woodson "seeme[d] to be getting more agitated by the moment." Tr. Vol. II p. 210. Given concerns for "everybody's safety," the officers removed the handgun, which was loaded. Tr. Vol. II p. 211. Woodson was placed under arrest after the officers learned that he did not have a license for the handgun.
[¶3] On May 13, 2019, the State charged Woodson with Level 5 felony carrying a handgun without a license. Woodson subsequently moved to suppress the handgun that was recovered from his vehicle. Following a hearing, the trial court denied Woodson's motion to suppress. At trial, the State moved to admit the handgun recovered from Woodson's vehicle into evidence. Woodson initially objected to the admission of the handgun on chain-of-custody grounds. After the State presented additional evidence relating to the chain of custody of the handgun, it again moved to admit the handgun into evidence. On this occasion, Woodson specifically stated that he had "[n]o objection" to the admission of the handgun into evidence. Tr. Vol. II p. 200.
[¶4] At the conclusion of trial, the jury found Woodson guilty of Class A misdemeanor carrying a handgun without a license. Woodson then pled guilty to having been previously convicted of carrying a handgun without a license. The trial court accepted Woodson's guilty plea, entered a judgment of conviction for Level 5 felony carrying a handgun without a license, and sentenced Woodson to four years of incarceration.
Discussion and Decision
[¶5] Woodson contends that the trial court...
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