E.H. v. State

764 N.E.2d 681, 2002 Ind. App. LEXIS 318
CourtIndiana Court of Appeals
DecidedMarch 4, 2002
DocketNo. 49A02-0105-JV-323
StatusPublished
Cited by47 cases

This text of 764 N.E.2d 681 (E.H. v. State) 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
E.H. v. State, 764 N.E.2d 681, 2002 Ind. App. LEXIS 318 (Ind. Ct. App. 2002).

Opinions

OPINION

KIRSCH, Judge.

E.H. was adjudicated a delinquent child based upon the finding that he committed theft, a Class D felony 1 if committed by an adult, and found to be in violation of the terms of a previously entered suspended commitment. He now appeals presenting the following two issues for our review:

I. Whether sufficient evidence supports the finding that he committed the act of theft.
II. Whether the juvenile court abused its discretion by committing him to [683]*683the Department of Correction for a one-year recommended term.

We affirm the adjudication, but vacate the juvenile court's dispositional decree.

FACTS AND PROCEDURAL HISTORY

The facts most favorable to the adjudication reveal that on February 15, 2001, J.W. removed his watch and two necklaces before gym class. He placed the jewelry either on top of or inside his gym bag, which he placed on the bleachers. Two of J.W.'s classmates noticed one of the necklaces hanging a few inches off the bleachers and also noticed E.H. in the gym. One of the boys approached E.H. and told him to get out of the gym. The other boy saw E.H. stand below where the necklace was hanging, take the necklace, place it in his pocket, and leave the gym.

After the gym class, J.W. realized his necklace was missing and asked if anyone knew anything about it. One of his classmates told him what he had seen. J.W. and this classmate reported the incident to the principal, who began an investigation. Initially, E.H. denied any knowledge of the necklace; but later told the principal that he thought the necklace belonged to one of his friends and that he planned to return it to his friend that day. The principal searched E.H.'s locker and found the necklace in a zippered coat pocket.

The State charged E.H. with being a delinquent, and subsequently the juvenile court entered a true finding. The juvenile court awarded wardship of E.H. to the Department of Correction for a recommended one-year commitment. E.H. appeals this disposition.

DISCUSSION AND DECISION

Our standard of review for a challenge to the sufficiency of the evidence with respect to juvenile adjudications is well-settled. When reviewing claims of insufficiency of the evidence, we neither reweigh the evidence nor judge the eredibility of witnesses. Moran v. State, 622 N.E.2d 157, 158 (Ind.1998); C.S. v. State, 735 N.E.2d 273, 276 (Ind.Ct.App.2000), trams. denied (citing Fields v. State, 679 N.E.2d 898, 900 (Ind.1997)). Rather, we examine only the evidence most favorable to the judgment along with all reasonable inferences to be drawn therefrom. C.S., 735 N.E.2d at 276. We will not disturb the adjudication if there exists substantive evidence of probative value to establish every material element of an offense beyond a reasonable doubt. Id.

E.H. argues that the evidence presented at trial by the State was insufficient to prove that he committed theft. Specifically, he contends that insufficient evidence was presented to establish criminal intent. We disagree. IC 85-483-4-2(a) provides that "[al person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony."

Intent may be proved by circumstantial evidence. Johnson v. State, 593 N.E.2d 208, 209 (Ind.Ct.App.1992). Intent can be inferred from a defendant's conduct and the natural and usual sequence to which such conduct logically and reasonably points. Hart v. State, 671 N.E.2d 420, 426 (Ind.Ct.App.1996). The fact finder is entitled to infer intent from the surrounding cireumstances. Id. at 427. Here, the State presented sufficient evidence for the fact finder to conclude beyond a reasonable doubt that E.H. committed theft. The court could have reasonably believed that when E.H. exerted unauthorized control over the necklace, he did so with the intent to steal the neck[684]*684lace. The evidence presented at trial by the State's eye-witnesses clearly established that E.H. was the person who took the necklace from the gym. Further, testimony revealed that the necklace was found in E.H.'s locker inside a zipped jacket pocket and that EH. provided an inconsistent story as to why the necklace was in his locker. The evidence leads to the reasonable inference that EH. took the necklace from the gym and placed it in his locker because he intended to steal the necklace. It is the function of the trier of fact to resolve conflicts in testimony and to determine the weight of the evidence and the credibility of the witnesses. Jones v. State, 701 N.E.2d 863, 867 (Ind.Ct.App.1998). We decline E.H.'s invitation to do so.

EH. next argues that the trial court abused it discretion by placing wardship over him with the Department of Correetion for placement in a juvenile detention facility for a one-year term. Although acknowledging the juvenile court's discretion, E.H. contends that the court should have selected the least restrictive alternative. We agree.

The choice of a specific disposition of a juvenile adjudicated a delinquent child is within the sound discretion of the juvenile court, subject to the statutory considerations of the welfare of the child, the community's safety, and the Indiana Code's policy of favoring the least harsh disposition. A.M.R. v. State, 741 N.E.2d 727, 729 (Ind.Ct.App.2000); A.D. v. State, 736 N.E.2d 1274, 1275-76 (Ind.Ct.App. 2000) (citing IC 31-34-19-6). A juvenile disposition will not be reversed absent a showing of an abuse of discretion. A.D., 736 N.E.2d at 1276. An abuse of discretion occurs when the trial court's action is clearly erroneous and against the logic and effect of the facts and cireumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom. Id.; Matter of L.J.M., 473 N.E.2d 637, 640 (Ind.Ct.App.1985).

Our supreme court has explained the nature of the juvenile justice system as follows:

The nature of the juvenile process is rehabilitation and aid to the juvenile to direct his behavior so that he will not later become a criminal. For this reason the statutory scheme of dealing with minors is vastly different than that directed to an adult who commits a erime. Juvenile judges have a variety of placement choices for juveniles who have delinquency problems, ranging from a private home in the community, a licensed foster home, a local juvenile detention center, to State institutions such as the Indiana Boys School and Indiana Girls School. None of these commitments are considered sentences. A child can become a juvenile delinquent by committing acts that would not be a violation of the law if committed by an adult, such as incorrigibility, refusal to attend public school, and running away from home.

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Bluebook (online)
764 N.E.2d 681, 2002 Ind. App. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eh-v-state-indctapp-2002.