Christa Spinks v. State of Indiana (mem. dec.)

CourtIndiana Court of Appeals
DecidedDecember 19, 2016
Docket32A04-1605-CR-1165
StatusPublished

This text of Christa Spinks v. State of Indiana (mem. dec.) (Christa Spinks v. State of Indiana (mem. dec.)) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christa Spinks v. State of Indiana (mem. dec.), (Ind. Ct. App. 2016).

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Dec 19 2016, 9:15 am

regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing Court of Appeals and Tax Court the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Scott Knierim Gregory F. Zoeller Danville, Indiana Attorney General of Indiana

Paula J. Beller Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Christa Spinks, December 19, 2016 Appellant-Defendant, Court of Appeals Case No. 32A04-1605-CR-1165 v. Appeal from the Hendricks Superior Court State of Indiana, The Honorable Stephanie Lemay- Appellee-Plaintiff. Luken, Judge Trial Court Cause No. 32D05-1507-F6-535

Barnes, Judge.

Court of Appeals of Indiana | Memorandum Decision 32A04-1605-CR-1165 | December 19, 2016 Page 1 of 7 Case Summary [1] Christa Spinks appeals her conviction for Level 6 felony theft. We affirm.

Issue [2] The sole issue before us is whether there is sufficient evidence to sustain

Spinks’s conviction.

Facts [3] The evidence most favorable to the conviction is that, on July 13, 2015, Spinks

was employed at an Ace Hardware store in Brownsburg. At the completion of

her shift at 5 p.m. that day, Spinks’s father picked her up and drove her to

Hendricks County Estate Buyers, which is a “buy sell shop.” Tr. p. 105. Justin

Briggs owns that shop, and it is located about one block away from the Ace

Hardware. Spinks carried a yellow bag into the shop. The bag contained a

DeWalt rechargeable drill with two batteries and a charger and two Craftsman

wrench sets. The items appeared to be brand new. Briggs gave Spinks between

$100 and $200 in cash for the items. At retail, the drill normally sold for

$239.99; the batteries, $99.99 each; the charger, $69.99; and the wrench sets

$29.99 each.

[4] Briggs immediately suspected that the items Spinks had brought in were stolen

from the Ace Hardware. At approximately 5:15 p.m. on the same day, Briggs

called Skylar Stevenson, the owner of the Ace Hardware, and asked Stevenson

if he was missing any items from inventory. Stevenson confirmed that a

DeWalt drill, two batteries, a charger, and two sets of Craftsman wrench sets Court of Appeals of Indiana | Memorandum Decision 32A04-1605-CR-1165 | December 19, 2016 Page 2 of 7 were missing from inventory. The SKU numbers on the items Briggs purchased

from Spinks matched the numbers for the items missing from Stevenson’s

inventory, although the SKU numbers were not necessarily unique to the

Brownsburg Ace Hardware store.

[5] Officer Cory Sears of the Brownsburg Police Department spoke with Spinks

about the items she sold to Briggs. She told Officer Sears that the items had

been in her living room for an unknown amount of time. However, Briggs told

her father that she found the drill in a dumpster.

[6] The State charged Spinks with Class A misdemeanor theft and Level 6 felony

theft, based on a prior theft or conversion conviction. After a jury trial, Spinks

was found guilty of Class A misdemeanor theft. Spinks waived jury trial with

respect to the Level 6 felony charge. The trial court found Spinks guilty of that

charge and entered judgment and sentenced her accordingly on that charge

only. Spinks now appeals.

Analysis [7] Spinks contends there is insufficient evidence to support her theft conviction.

When addressing a claim of insufficient evidence, we must consider only the

probative evidence and reasonable inferences supporting the conviction. Sallee

v. State, 51 N.E.3d 130, 133 (Ind. 2016). It is the fact-finder’s role, not ours, to

assess witness credibility and weigh evidence to determine whether it is

sufficient to support a conviction. Id. “It is not necessary that the evidence

‘overcome every reasonable hypothesis of innocence.’” Id. (quoting Moore v.

Court of Appeals of Indiana | Memorandum Decision 32A04-1605-CR-1165 | December 19, 2016 Page 3 of 7 State, 652 N.E.2d 53, 55 (Ind. 1995)). “‘[E]vidence is sufficient if an inference

may reasonably be drawn from it to support the verdict.’” Id. (quoting Drane v.

State, 867 N.E.2d 144, 147 (Ind. 2007)). However, “[e]vidence sufficient only

to establish a mere suspicion of guilt is not sufficient to support a conviction.”

Id. at 135.

[8] Spinks specifically asserts there is insufficient evidence that she took the items

from the Ace Hardware or that she knew they were stolen when she sold them

to Briggs. In order to convict Spinks of theft, the State was required to prove

that she knowingly or intentionally exerted unauthorized control over property

of Ace Hardware, with intent to deprive Ace Hardware of any part of the

property’s value or use. See Ind. Code § 35-43-4-2(a).1 Spinks’s argument goes

to lack of mens rea or intent.

[9] Spinks relies heavily upon Fortson v. State, 919 N.E.2d 1136 (Ind. 2010). In that

case, the defendant was driving a truck that had been reported stolen about six

or seven hours before he was pulled over by police and arrested. There was a

passenger in the truck who was allowed to go free. The defendant denied

having stolen the truck and claimed it had been loaned to him by another

person, but police did not ask who the other person was. The State charged the

defendant with receiving stolen property, and he was convicted of that offense.

1 The offense is elevated from a Class A misdemeanor to a Level 6 felony if a defendant has a prior unrelated conviction for either theft or criminal conversion. I.C. § 35-43-4-2(a)(1)(C). Spinks makes no argument regarding the elevation of her offense.

Court of Appeals of Indiana | Memorandum Decision 32A04-1605-CR-1165 | December 19, 2016 Page 4 of 7 [10] On appeal, our supreme court reversed the conviction for insufficient evidence.

Fortson, 919 N.E.2d at 1143-44. In doing so, although the case involved a

conviction for receiving stolen property and not theft, the court took the

opportunity to discard the rule allowing for a theft conviction to be supported

solely by the defendant’s unexplained possession of recently stolen property. Id.

at 1143 (overruling Bolton v. State, 254 Ind. 648, 261 N.E.2d 841 (1970)). The

court further explained:

That is to say, the mere unexplained possession of recently stolen property standing alone does not automatically support a conviction for theft. Rather, such possession is to be considered along with the other evidence in a case, such as how recent or distant in time was the possession from the moment the item was stolen, and what are the circumstances of the possession (say, possessing right next door as opposed to many miles away). In essence, the fact of possession and all the surrounding evidence about the possession must be assessed to determine whether any rational juror could find the defendant guilty beyond a reasonable doubt.

Id. The court also noted that, knowledge that property is stolen may be

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Related

Fortson v. State
919 N.E.2d 1136 (Indiana Supreme Court, 2010)
Drane v. State
867 N.E.2d 144 (Indiana Supreme Court, 2007)
Moore v. State
652 N.E.2d 53 (Indiana Supreme Court, 1995)
Barnett v. State
834 N.E.2d 169 (Indiana Court of Appeals, 2005)
Bolton v. State
261 N.E.2d 841 (Indiana Supreme Court, 1970)
Samuel E. Sallee v. State of Indiana
51 N.E.3d 130 (Indiana Supreme Court, 2016)

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