Erica N. Dumes v. State of Indiana

23 N.E.3d 798, 2014 Ind. App. LEXIS 629, 2014 WL 7212853
CourtIndiana Court of Appeals
DecidedDecember 19, 2014
Docket49A05-1404-CR-170
StatusPublished
Cited by6 cases

This text of 23 N.E.3d 798 (Erica N. Dumes v. State of Indiana) 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
Erica N. Dumes v. State of Indiana, 23 N.E.3d 798, 2014 Ind. App. LEXIS 629, 2014 WL 7212853 (Ind. Ct. App. 2014).

Opinion

OPINION

BROWN, Judge.

Erica N. Dumes appeals her convictions for forgery as a class C felony and unauthorized practice of law as a class B misdemeanor. Dumes raises two issues which we revise and restate as whether the evidence is sufficient to sustain her convictions. We affirm.

FACTS AND PROCEDURAL HISTORY

Sometime in 2012, Teresa Rogers and her husband decided to divorce. Teresa reached out to her daughter for help and subsequently called Dumes. She talked to Dumes on the phone two or three times. Dumes told Teresa that she was going to file the paperwork for her and that there was a fee that Teresa had to pay. Dumes met Teresa, and Teresa signed papers *800 from Dumes and gave her “two fifty or two twenty five” dollars. Transcript at 43.

In May 2012, Dumes entered the Marion County Clerk’s office and told Karla Ran-gel, an employee at the Marion County Clerk’s office, that she wanted to file paperwork including a document titled “Verified Petition for Dissolution of Marriage.” State’s Exhibit 2. Rangel told Dumes that she would need to view a video on being a pro se litigant, and Dumes was “aggressive” and indicated that she did not want to do that. Transcript at 19. Dumes said that she would have the attorney do the filing for her and that she would be back.

Sometime later, Dumes returned with the Verified Petition for Dissolution of Marriage and also a document titled “Appearance by Attorney in Domestic Relations” with the name of Michelle Smith as the attorney. State’s Exhibit 1. Rangel file-stamped the two documents. Rangel later discovered that the attorney identification number did not belong to the attorney listed.

Indiana State Police Detective Dontonio Nibbs was assigned the case. He determined that the information on the appearance form, including the attorney identification number that did not match the attorney name, the telephone number, and the address, was not correct, and thought that Teresa, the petitioner, could have been a suspect.

Detective Nibbs went to speak with Teresa in June or July 2012. During the conversation, Teresa called a woman she identified as Dumes and at one point referred to the woman as “Erica Dumes,” and Detective Nibbs recorded the conversation. State’s Exhibit 5 at 6:47-6:50. During the call, Teresa asked Dumes if Michelle Smith was her lawyer, and Dumes said “that’s a long' story” and that she “had to put that on there” because they would not let her file it for Teresa and were telling her that Teresa had to come down there to watch a video, and that Smith was fired. Id. at 1:00-1:12. Teresa asked whether she had to go watch a video, and Dumes said no. Dumes said that she had to put Michelle Smith’s name down so that Dumes could file it for Teresa and Teresa would not have to watch the video. Teresa asked whether she had a lawyer, and Dumes said that she did not have a lawyer and that she did not need one. Teresa asked: “So the law office you work for, they ... helped you work these papers out, right?” Id. at 3:55-4:03. Dumes responded affirmatively.

Teresa gave Detective Nibbs documents that she had received from Dumes, including a document titled Decree of Dissolution of Marriage and Settlement Agreement, and a document titled Verified Waiver of Final Hearing, both of which were signed by Dumes and contained a notary public seal for Dumes but were not signed by Teresa or her husband. Detective Nibbs performed a BMV check of Dumes and found that she also had a name of Erica Stone. He contacted the Secretary of State and found that there was a notary with the name of Erica Stone but not with the name of Erica Dumes. Detective Nibbs also discovered that Dumes was not listed on the Indiana Roll of Attorneys.

After listening to the conversation between Teresa and Dumes, Detective Nibbs called the same number Teresa had called and asked the person Teresa had spoken with to meet with him. Dumes met with Detective Nibbs.

In March 2013, the State charged Dumes with Count I, forgery as a class C felony; and Count II, unauthorized practice of law as a class B misdemeanor. At the beginning of the bench trial, the prosecutor mentioned stipulations, stated that *801 State’s Exhibit 1 was an appearance form, and said:

Stipulation is that Michelle Smith’s signature you see here at the bottom, that is Small Claims Court Judge Michelle Smith here in Center Township. She did not sign that document, approve it, or ask anyone to approve it on her behalf. The attorney number below that actually go [sic] to someone named George Plews and it’s the same for him, Judge; he did not give anyone permission to use his attorney number or file that document for any reason.

Transcript at 9-10. Dumes’s counsel did not object or indicate that the stipulation was not correct. In his opening statement, the prosecutor argued that the document clearly is forged and the case was going to focus on who uttered the document at the Marion County Clerk’s office. Dumes’s counsel waived opening statement.

Rangel, Detective Nibbs, and Teresa testified to the foregoing. Teresa testified that she could not file pro se to obtain her divorce because Michelle Smith was still listed as her attorney. Detective Nibbs also stated that the person he spoke with on the phone at the same number dialed by Teresa was Dumes, he met with Dumes, and identified her as the defendant. During closing argument, Dumes’s counsel argued that the intention was to keep Teresa from having to watch a video.

The court found Dumes guilty as charged. The court stated:

I think the State has very well shown identity in this matter. Identification can be not just by face but by voice and other means and I think they’ve put on a strong case that this woman, the defendant, was the person that Teresa and the detective were both talking to. And in regard to who brought those documents to the Clerk’s office and gave them to the clerk, the Court notes that in the telephone conversation with Teresa, her direct question was: And is Michelle Smith my lawyer? And the defendant answered: I only put that on there because they was trying to make me; they wouldn’t let me file for you. And with the voice identification, with that statement, the Court believes the State has met its burden of proof as to both counts.

Id. at 59-60. The court sentenced Dumes to a suspended sentence of three years for Count I, forgery as a class C felony, and a suspended sentence of sixty days for Count II, unauthorized practice of law as a class B misdemeanor.

DISCUSSION

We first note that the State did not file an appellee’s brief. The obligation of controverting arguments presented by the appellant properly remains with the State. Bovie v. State, 760 N.E.2d 1195, 1197 (Ind.Ct.App.2002). When the appel-lee does not submit a brief, the appellant may prevail by making a prima facie case of error — an error at first sight or appearance. Id. However, we are still obligated to correctly apply the law to the facts of the record to determine if reversal 'is required. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
23 N.E.3d 798, 2014 Ind. App. LEXIS 629, 2014 WL 7212853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erica-n-dumes-v-state-of-indiana-indctapp-2014.