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Published by the Indiana Office of Court Services

Fought v. State, No. 35A02-0807-CR-623, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2008)

January 2, 2009 Filed Under: Criminal Tagged With: Appeals, P. Riley

RILEY, J.
Appellant-Defendant, Owen J. Fought (Fought), appeals his conviction for public intoxication, a Class B misdemeanor, Ind. Code § 7.1-5-1-3.
. . . .
In Heichelbech v. State, 281 N.E.2d 102, 106 (Ind. 1972), our supreme court determined that “an automobile service station, a business establishment open to the public,” is a public place or a place of public resort. In his brief, Fought attempts to distinguish Heichelbech on the fact that Heichelbech exited his vehicle at the gas station whereas Fought remained inside his vehicle until he was removed by the police. However, we find Fought’s distinction to be without merit.
The evidence here establishes that Fought’s vehicle was parked in between two gas pumps, blocking access to either pump. As such, Fought’s presence impaired the flow of traffic and impeded customers from being able to obtain service. Because the public is entitled to protection from the annoyances and deleterious effects of having intoxicated people park their car between gas pumps, we conclude that Fought’s conduct falls within the purview of “public place or place of public resort” of the public intoxication statute. See I.C. § 7.1-5-1-3.
DARDEN, J., and VAIDIK, J., concur.

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