Colton Milam v. State of Indiana

OPINION

BARNES, Judge.

Case Summary

Colton Milam appeals his conviction for Class B misdemeanor public intoxication. We reverse.

Issue

The sole issue is whether there is sufficient evidence to support Milam’s conviction.

Facts

On August 22, 2013, Indianapolis Metropolitan Police Officer Timothy Esteb was completing paperwork when he noticed an arm and an object hanging out the passenger’s side window of a car, followed by the sound of shattering glass. Officer Esteb initiated a traffic stop of the car, approached the window, which was rolled down, and smelled the odor of alcohol. Michael Cunigan was…