COA upholds drug-related convictions in objection of evidence dispute

A Indianapolis man convicted on several drug counts who originally stated that he had no objection to the admission of evidence found during a search of his car did not sway the Court of Appeals of Indiana that the same evidence should be now be suppressed.

While driving around Beech Grove, law enforcement pulled over David Hostetler for driving with a license plate addressed to another vehicle. It was quickly revealed that Hostetler had a suspended license with a prior suspension within 10 years.

Hostetler was then removed from the car and a pat down search revealed a baggie containing prescription drugs on his person. A subsequent vehicle search revealed several small plastic baggies, a plastic baggie containing “peach pills,” a plastic bag containing a “crystal like substance[,]” and another plastic baggie containing “a greyish powdery substance.”

The substances were tested and later determined to be buprenorphine pills weighing 3.55 grams, methamphetamine weighing 5.48 grams, and fentanyl weighing 5.04 grams.

Hostetler was charged with Level 3 felony dealing in a narcotic drug (fentanyl); Level 3 felony dealing in methamphetamine; Level 5 felony possession of a narcotic drug (fentanyl); Level 5 felony possession of methamphetamine; Class A misdemeanor possession of a controlled substance (buprenorphine pills); and Level 6 felony unlawful possession of a syringe.

He filed a motion to suppress, arguing that the inventory search of the car was unreasonable and violated the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution. But during jury trial, Hostetler did not object to certain testimony about the meth, fentanyl, buprenorphine pills, the hypodermic needles found in his car or photos taken of the vehicle’s contents, among other things.

Hostetler was ultimately found guilty as charged, but the trial court vacated his Level 4 felony possession of a narcotic drug and Level 4 felony possession of methamphetamine convictions based on double jeopardy.

The trial court imposed a 20-year sentence, with 16-years executed and four years suspended to probation for the Level 2 felonies. For each of Hostetler’s Level 6 felony convictions, it imposed a two-year executed sentence.

In affirming the decision, the Court of Appeals of Indiana concluded that Hostetler had waived appellate review of his appellate challenge to the admission of evidence found during the inventory search by repeatedly stating that he had no objection to the admission of the evidence when it was introduced at trial.

“As did the defendants in (Hayworth v. State, 904 N.E.2d 684, 691 (Ind. Ct. App. 2009))  and (Nowling v. State, 961 N.E.2d 34 (Ind. Ct. App. 2012), trans. denied), here, despite the request for a continuing objection, Hostetler has waived his appellate challenge to the admission of evidence by his subsequent affirmative statements that he had no objection to the evidence,” Judge Rudolph Pyle III wrote for the COA. “Consequently, Hostetler has waived appellate review of his claim of error.”

The case is David Hostetler v. State of Indiana (mem. dec.), 21A-CR-797.