Dillon Trumpey v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: November 6, 2017
• Docket: 49A05-1704-CR-666
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Nov 06 2017, 9:15 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Barbara J. Simmons Curtis T. Hill, Jr. Oldenburg, Indiana Attorney General of Indiana Angela N. Sanchez Supervising Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Dillon Trumpey, November 6, 2017 Appellant-Defendant, Court of Appeals Case No. 49A05-1704-CR-666 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Linda Brown, Appellee-Plaintiff. Judge Trial Court Cause No. 49G10-1610-CM-39980

Robb, Judge.

Court of Appeals of Indiana | Memorandum Decision 49A05-1704-CR-666 | November 6, 2017 Page 1 of 4 Case Summary and Issue [1] Following a bench trial, Dillon Trumpey was convicted of theft, a Class A

misdemeanor. On appeal, Trumpey challenges whether the State presented

sufficient evidence to support his conviction. Concluding the State presented

sufficient evidence, we affirm.

Facts and Procedural History [2] On October 10, 2016, Eric Brumlee was working as a store clerk at Inside

Scoop Candies and Gifts at Castleton Square Mall. Brumlee was the only

employee in the store. While he was working at the cash register, Brumlee

observed a male customer, later identified as Trumpey, take several stuffed

animals from a display near the entrance of the store. Specifically, Brumlee saw

Trumpey take a large husky stuffed animal and leave the store without paying.

Trumpey was accompanied by a female and Brumlee observed them walk

quickly toward Sears. Brumlee called the police and described the perpetrator

as a tall, white male with blonde hair and wearing a gray beany.

[3] Following Brumlee’s report, Officer Marcus Riley of the Indianapolis

Metropolitan Police Department was dispatched to Castleton Square Mall.

Officer Riley found Trumpey inside Sears and detained him. Trumpey

possessed a stuffed animal and his female companion had the large husky

stuffed animal. Officer Riley escorted Trumpey and his companion back to

Inside Scoop Candies and Gifts where Brumlee identified them as the pair that

Court of Appeals of Indiana | Memorandum Decision 49A05-1704-CR-666 | November 6, 2017 Page 2 of 4 stole merchandise from the store. Trumpey admitted to Officer Riley that he

stole the merchandise, but later recanted his confession.

[4] The State charged Trumpey with theft, a Class A misdemeanor. At trial,

Trumpey testified and denied stealing merchandise or ever being present at

Inside Scoop Candies and Gifts. Trumpey also stated a friend who was with

his group at the mall “looks just like [Trumpey] . . . .” Transcript at 41. The

trial court found Trumpey guilty as charged. Trumpey now appeals.

Discussion and Decision I. Standard of Review [5] Our standard of review in claims of insufficient evidence is well settled: we

neither reweigh the evidence nor judge the credibility of the witnesses, and we

consider only the evidence most favorable to the verdict and the reasonable

inferences that can be drawn from this evidence. Knight v. State, 42 N.E.3d 990,

993 (Ind. Ct. App. 2015). We will not disturb the verdict if substantial evidence

of probative value supports it. Id. As an appellate court, we respect the trier-of-

fact’s exclusive province to weigh conflicting evidence. Id.

II. Sufficiency of the Evidence [6] Trumpey argues the State failed to present sufficient evidence to prove beyond a

reasonable doubt that Trumpey committed theft. To convict Trumpey of theft,

the State was required to prove that Trumpey “knowingly or intentionally

exert[ed] unauthorized control over property of another person, with intent to

Court of Appeals of Indiana | Memorandum Decision 49A05-1704-CR-666 | November 6, 2017 Page 3 of 4 deprive the other person of any part of its value or use . . . .” Ind. Code § 35-43-

4-2(a) (2014).

[7] The State’s evidence established that Brumlee witnessed Trumpey and a female

companion in Inside Scoop Candies and Gifts. While working behind the cash

register, Brumlee observed Trumpey take merchandise, specifically a large

husky stuffed animal, and leave without paying. The police then apprehended

Trumpey, who fit the description given to them by Brumlee. Trumpey’s

companion possessed a large husky stuffed animal. Brumlee later identified

Trumpey as the person who stole the stuffed animals from the store and

Trumpey admitted to Officer Riley that he stole them. Trumpey’s argument

that we should credit his testimony that he was in “the wrong place at the

wrong time with the wrong person,” tr. at 11, is merely a request to reweigh the

evidence, which we cannot do. Knight, 42 N.E.3d at 993. The trial court

weighed the evidence and credited Brumlee’s testimony that he witnessed

Trumpey take merchandise without paying for it. This is sufficient evidence to

support Trumpey’s conviction for theft.

Conclusion [8] The State presented sufficient evidence to support Trumpey’s conviction for

theft. Accordingly, we affirm his conviction.

[9] Affirmed.

Riley, J., and Pyle, J., concur. Court of Appeals of Indiana | Memorandum Decision 49A05-1704-CR-666 | November 6, 2017 Page 4 of 4