Estrada v. State

969 N.E.2d 1032, 2012 WL 2366242, 2012 Ind. App. LEXIS 297
CourtIndiana Court of Appeals
DecidedJune 22, 2012
Docket20A03-1110-CR-474
StatusPublished
Cited by14 cases

This text of 969 N.E.2d 1032 (Estrada 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
Estrada v. State, 969 N.E.2d 1032, 2012 WL 2366242, 2012 Ind. App. LEXIS 297 (Ind. Ct. App. 2012).

Opinion

OPINION

GARRARD, Senior Judge.

STATEMENT OF THE CASE

Karla P. Estrada appeals her convictions and aggregate twenty-four-year sentence for two counts of Class B felony armed robbery as an accomplice and one count of Class C felony conspiracy to commit robbery. We affirm.

ISSUES

Estrada presents four issues, which we reorder and restate as:

I. Whether the trial court abused its discretion by denying her motion to dismiss.
II. Whether the trial court abused its discretion by admitting her statement to police into evidence.
III. Whether her conspiracy conviction violates Indiana’s double jeopardy prohibition.
IV. Whether her twenty-four-year sentence is inappropriate.

FACTS AND PROCEDURAL HISTORY 1

In the early morning hours of May 2, 2009, seventeen-year-old Estrada asked Luis Torres, Diego Gonzalez, and Jorge Ochoa for help. She told them that she needed money to send to her cousins in Texas. Torres suggested that they rob a gas station, and everyone agreed.

Estrada drove Torres, Gonzalez, and Ochoa to the 7-EIeven on County Road 24 and State Road 19 in Elkhart County. Torres and Ochoa went into the store with their hoods up and masks on. Torres had a hand under his clothing as if he had a gun. Ochoa held a beer bottle by its neck like a club. Torres ordered, “Give me the fuckin’ money.” Tr. p. 230. The store clerk opened both registers and handed Torres about $600. Torres and Ochoa ran to the car. Estrada drove them away.

In the car, the four decided to commit another robbery. About a half an hour after the first robbery, Estrada parked near the 7-Eleven on Old U.S. 20 and County Road 13 in Elkhart County. Torres and Gonzales went into the store with their hoods up and masks on. Torres had a beer bottle under his clothing as if he had a gun. Gonzalez had a beer bottle in his hand. Torres ordered, “Give me your fuckin’ money, bitch.” Id. at 106. The store clerk opened a register and handed Gonzalez $300. Torres and Gonzalez ran to the car. Estrada drove them away.

In the car, Torres suggested that they go to a third location. About an hour later, Estrada parked near a Speedway gas station. Torres and Ochoa went into the store, but this time, they carried no weapons. Torres demanded money from the store clerk, who handed him $500. Torres and Ochoa ran to the car. Estrada drove to Torres’s and Gonzalez’s apartment, where the four split the money from all three robberies.

On May 8, 2009, the group committed a robbery at a Huck’s gas station. On May *1037 9, 2009, they committed a robbery at a different 7-Eleven. Each time, the males entering the store had their hands under their clothing as if they had weapons, but no weapons were seen.

The robberies went unsolved until around February 2010, when Torres was arrested in Noble County for illegal consumption of alcohol by a minor. While being booked into jail, Torres, drunk, told an officer that he had been involved in several robberies. Detective Mitch Hersh-berger from the Goshen Police Department later spoke with Torres, who implicated himself, Estrada, Gonzalez, and Ochoa in the robberies.

Detective Hershberger went to Estrada’s place of employment, told Estrada that her name had come up in connection with an incident, and asked her to accompany him to the police station. Detective Hershberger, then called Estrada’s home and requested that her parents or guardian meet them at the station.

Estrada’s mother Patricia Estrada arrived with Edwin Cerone, a man she identified as her husband. Because Patricia spoke Spanish but no English, Detective Hershberger asked Officer Mario Mora, who was fluent in Spanish, to translate. Officer Mora brought with him a juvenile advisement of rights form that had been translated into Spanish. The form contained two sections: the top of the form listed each of the juvenile’s rights, and the bottom of the form consisted of a paragraph acknowledging and waiving the juvenile’s rights as well as a space for the juvenile and his or her parent or guardian to sign the waiver. Officer Mora read off each right listed on the form. He then asked Patricia and Cerone if they wanted to talk with Estrada. Patricia said no. Officer Mora then handed the form to Cerone, who gave it to Patricia, who gave it to Estrada. Patricia asked if she should sign the form, and Officer Mora responded that she needed to read it. Estrada read the waiver paragraph at the bottom of the form to Patricia while Patricia looked at the form over Estrada’s shoulder. Estrada and Patricia then signed the waiver. Estrada said that she understood everything and told Patricia that she was going to talk with Detective Hershberger. Officer Mora again asked Patricia if she wanted to talk with Estrada. Patricia said no. During the interview, Estrada admitted that she knew Torres, Gonzalez, and Ochoa and that she had been involved in the Speedway robbery. Even though the Speedway robbery did not involve any weapons, Estrada stated that a bottle was used.

In March 2010, the State filed a delinquency petition against Estrada for three counts of Class C felony robbery if committed by an adult. The petition covered the last three robberies, where no weapons were seen: the Speedway robbery on May 2, 2009, the Huck’s robbery on May 8, 2009, and the 7-Eleven robbery on May 9, 2009. Estrada admitted to the allegations and was adjudicated a delinquent.

In May 2010, the State charged Estrada with two counts of Class B felony armed robbery as an accomplice based on the first two robberies. Ind.Code §§ 35-42-5-1 (1984), 35-41-2-4 (1977). The State also charged her with one count of Class C felony conspiracy. Ind.Code § 35-41-5-2 (1977). Estrada filed a motion to dismiss the case, arguing that her adult criminal prosecution was barred by her juvenile adjudications on the three other robberies. After a hearing, the trial court denied the motion.

During the course of her jury trial in August 2011, Estrada filed a motion to suppress her statement to Detective Hershberger. After a hearing outside the presence of the jury, the trial court denied *1038 the motion. When the trial continued, Estrada’s statement was admitted over objection. The jury found Estrada guilty of all three charges, and the trial court later sentenced her to an aggregate term of twenty-four years. Estrada now appeals.

DISCUSSION AND DECISION

I. MOTION TO DISMISS

Estrada first challenges the trial court’s denial of her motion to dismiss. We review a trial court’s denial of a motion to dismiss for an abuse of discretion. Allen v. State, 956 N.E.2d 195, 196 (Ind.Ct.App.2011).

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Cite This Page — Counsel Stack

Bluebook (online)
969 N.E.2d 1032, 2012 WL 2366242, 2012 Ind. App. LEXIS 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estrada-v-state-indctapp-2012.