ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE
Lisa Diane Manning Gregory F. Zoeller
Manning Law Office Attorney General of Indiana
Danville, Indiana
Paula J. Beller
Stephen R. Creason
Deputy Attorneys General
Indianapolis, Indiana
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FILED
In the Aug 04 2016, 4:00 pm
CLERK
Indiana Supreme Court
Indiana Supreme Court Court of Appeals
and Tax Court
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No. 32S04-1608-CR-415
COREY T. WEAVER,
Appellant (Defendant below),
v.
STATE OF INDIANA,
Appellee (Plaintiff below).
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Appeal from the Hendricks Superior Court, No. 32D02-1410-CM-001002
The Honorable Rhett M. Stuard, Judge
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On Petition to Transfer from the Indiana Court of Appeals, No. 32A04-1508-CR-1110
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August 4, 2016
Per Curiam.
A majority of the Court of Appeals reversed Defendant Corey T. Weaver’s conviction for
refusing to identify himself to a law enforcement official, finding insufficient evidence to support
the conviction. We agree with the dissenting opinion that the evidence was sufficient, and therefore
grant transfer and affirm the trial court.
On the night of October 1, 2014, Hendricks County Sheriff’s Deputy Samuel Chandler
observed a vehicle with an inoperable license plate light, and he initiated a traffic stop. The vehicle
stopped, and Deputy Chandler approached it and asked the driver for his license and registration.
After the driver was unable to produce his license, Deputy Chandler asked the driver for his address
and then for his name. The driver avoided answering the request for his address, and evaded the
questions about his name—eventually disclosing his last name as “Mr. Weaver” but otherwise
representing, “I don’t have a particular name.” Tr. at 11, 57. After finally admitting his mother
calls him “Corey,” Weaver then repeatedly refused to provide his date of birth, even after being
handcuffed and detained for refusing to identify himself. After a total of approximately sixteen
minutes of questioning, Weaver finally provided his date of birth. Deputy Weaver then was able
to determine that Weaver’s license was suspended.
The State charged Weaver with, among other things, refusing to identify himself in
violation of Indiana Code section 34-28-5-3.5, which provides as follows:
A person who knowingly or intentionally refuses to provide either
the person’s:
(1) name, address, and date of birth; or
(2) driver’s license, if in the person’s possession;
to a law enforcement officer who has stopped the person for an
infraction or ordinance violation commits a Class C misdemeanor.
After a bench trial he was convicted as charged, and the trial court imposed a $100 fine for the
refusal-to-identify conviction. A majority of the Court of Appeals reversed, finding insufficient
evidence that Weaver violated the statute. Weaver v. State, 53 N.E.3d 1225 (Ind. Ct. App. 2016).
Judge Altice dissented, and would have affirmed the trial court. Id. at 1229.
We agree with Judge Altice that the evidence was sufficient to support Weaver’s conviction
under Indiana Code section 34-28-5-3.5. Accordingly, we grant transfer, see Ind. Appellate Rule
58(A), and affirm the judgment of the trial court.
All Justices concur.
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