Baker v. State

968 N.E.2d 227, 2012 WL 2113133, 2012 Ind. LEXIS 463
CourtIndiana Supreme Court
DecidedJune 12, 2012
DocketNo. 89S01-1109-CR-543
StatusPublished
Cited by139 cases

This text of 968 N.E.2d 227 (Baker v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. State, 968 N.E.2d 227, 2012 WL 2113133, 2012 Ind. LEXIS 463 (Ind. 2012).

Opinion

On Transfer from the Indiana Court of Appeals, No. 89A01-1010-CR-536.

DICKSON, Chief Justice.

Defendant Michael W. Baker challenges the sufficiency of the evidence underlying his conviction for burglary. He contends that the State failed to adduce any evidence that would permit a reasonable jury to conclude that he acted with the requisite intent. We disagree and hold that there was sufficient evidence of intent to support the defendant’s conviction.

On the morning of Monday, January 22, 2008, a member of Harvest Time Tabernacle Church visited the church to pray. The member was the only person present that morning and let himself in using his key to the church. Upon entering, the member proceeded downstairs to the basement where he noticed a broken window and blood nearby. The member then called the pastor of the church and the police, both of whom arrived shortly thereafter. Further inspection of the church revealed dents and scratches on the front door which were characterized by witnesses as pry marks, blood and glass near the front door, a lacerated window screen on another unbroken window, blood on the door leading into the church nursery, and several kitchen cabinets and drawers standing ajar with blood stains on the outside of them. No other evidence of the apparent intruder was discovered, and it appeared that nothing had been removed from the church. DNA collected from the scene matched that of the defendant, and the parties later stipulated that the defendant was the source of the DNA collected at the church.

The State charged the defendant with burglary of a structure used for religious worship with the intent to commit theft, a class B felony under Indiana Code Section 35 — 43—2—l(l)(B)(ii). The State also filed an Information1 seeking to have the defendant sentenced, if convicted, as a habitual offender under Indiana Code Section 35-50-2-8 based on two of the defendant’s unrelated felony convictions. The defendant pled “not guilty” to the burglary charge and pled “guilty” to the habitual [229]*229offender charge. At his trial, the jury-found the defendant guilty of class B burglary. The defendant has appealed his conviction on the ground that there was insufficient evidence to support a conviction for burglary. The Court of Appeals reversed the defendant’s conviction for burglary, concluding that “[t]here is insufficient evidence of Baker’s intent to commit theft within the church.” Baker v. State, No. 89A01-1010-CR-5S6, 2011 WL 2436932, at *4 (Ind.Ct.App. June 17, 2011). We granted transfer and now affirm the defendant’s conviction for burglary.

When reviewing a claim of insufficient evidence, an appellate court “considers only the evidence most favorable to the verdict and any reasonable inferences that may be drawn from that evidence. If a reasonable finder of fact could determine from the evidence that the defendant was guilty beyond a reasonable doubt, then we will uphold the verdict.” Freshwater v. State, 853 N.E.2d 941, 942 (Ind.2006) (citing Justice v. State, 530 N.E.2d 295, 296 (Ind.1988)) (citations omitted) (internal quotation marks omitted). We do not reweigh the evidence or judge the credibility of witnesses. McHenry v. State, 820 N.E.2d 124, 126 (Ind.2005); Walker v. State, 442 N.E.2d 696, 698 (Ind.1982). These evaluations are for the trier of fact, not appellate courts. In essence, we assess only whether the verdict could be reached based on reasonable inferences that may be drawn from the evidence presented. Kidd v. State, 530 N.E.2d 287, 287 (Ind.1988).

Burglary is the breaking and entering of the building or structure of another person with the intent to commit a specific felony therein.2 Ind. Code § 35-43-2-1; Gilliam v. State, 508 N.E.2d 1270, 1270 (Ind.1987); Yeagley v. State, 467 N.E.2d 730, 736 (Ind.1984). The defendant admits that the evidence is sufficient to prove that he broke and entered the church, Appellant’s Am. Br. at 4, but he argues that the State failed to produce any evidence that would support the inference that he broke and entered with the intent to commit theft inside the church.3 He claims that the “evidence only establishes that [he] entered through a window, went to the kitchen, and opened cupboards and drawers” but not that he “rummaged through” them in any manner that would evince an intent to commit theft. Id. He also asserts that there is no evidence that he took anything or “went anywhere near valuable property.” Id. The State responds that evidence suggesting that the defendant opened the cupboards and drawers in the kitchen is enough to support a reasonable inference that the defendant “was looking for something to steal” and thus enough to support an inference that he broke and entered the church with the intent to commit theft inside. Appellee’s Br. at 5. We agree with the State.

“Burglars rarely announce their intentions at the moment of entry,” Gilliam, 508 N.E.2d at 1271, and indeed many times there is no one around to hear them even if they were to do so. Hence, a burglar’s intent to commit a specific felony [230]*230at the time of the breaking and entering “may be inferred from the circumstances.” Id.; see also Hampton v. State, 961 N.E.2d 480, 487 (Ind.2012) (“[T]he mens rea element for a criminal offense is almost inevitably, absent á defendant’s confession or admission, a matter of circumstantial proof.”); Kondrup v. State, 250 Ind. 320, 323-24, 235 N.E.2d 703, 705 (1968) (“[T]he intent to commit a felony may be inferred from the circumstances which legitimately permit it.”). “Circumstantial evidence alone is sufficient to sustain a burglary conviction.” Kidd, 530 N.E.2d at 287; accord Cash v. State, 557 N.E.2d 1023, 1025 (Ind.1990) (“A conviction for burglary may be sustained by circumstantial evidence alone.”).

Evidence of intent “need not be insurmountable,” Gilliam, 508 N.E.2d at 1271, but there must be a “specific fact that provides a solid basis to support a reasonable inference that the defendant had the specific intent to commit a felony,” Freshwater, 853 N.E.2d at 944. The evi-dentiary inference pointing to the defendant’s intent must be separate from the inference of the defendant’s breaking and entering. Justice, 530 N.E.2d at 297; Kondrup, 250 Ind. at 323, 235 N.E.2d at 705. The inference of intent must not derive from or be supported by the inference of breaking and entering. In other words, the evidence must support each inference — felonious intent and breaking and entering — independently, and neither inference should rely on the other for support.

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Cite This Page — Counsel Stack

Bluebook (online)
968 N.E.2d 227, 2012 WL 2113133, 2012 Ind. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-state-ind-2012.