Martin v. State

528 N.E.2d 461, 1988 Ind. LEXIS 262, 1988 WL 97607
CourtIndiana Supreme Court
DecidedSeptember 22, 1988
Docket49S00-8704-CR-373
StatusPublished
Cited by11 cases

This text of 528 N.E.2d 461 (Martin v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. State, 528 N.E.2d 461, 1988 Ind. LEXIS 262, 1988 WL 97607 (Ind. 1988).

Opinion

GIVAN, Justice.

A jury trial resulted in the following:

Bruce Haymaker was convicted of Robbery, a Class B felony, for which he received a sentence of twenty (20) years, which was enhanced by thirty (30) years due to a finding that he is an habitual offender; Robbery, a Class B felony, for which he received a sentence of twenty (20) years; Conspiracy to Commit Robbery, a Class B felony, for which he received a sentence of twenty (20) years; and Confinement, a Class B felony, for which he received a sentence of twenty (20) years, his sentences to run concurrently.

Doren Martin was convicted of Robbery, a Class B felony, for which he received a sentence of twenty (20) years, which was enhanced by thirty (30) years due to a finding that he is an habitual offender; Robbery, a Class B felony, for which he received a sentence of twenty (20) years; Conspiracy to Commit Robbery, a Class B felony, for which he received a sentence of eight (8) years; and Confinement, a Class B felony, for which he received a sentence of twenty (20) years, his sentences to run concurrently.

The facts are: During the evening of February 27, 1986, Tim Bunton rode around Indianapolis with appellants for three or four hours looking for a place to rob. Bunton testified that each person wore two layers of clothing so that if they were stopped by police, they could shed a layer to avoid being identified as the robbers.

*463 The trio parked their car approximately a block away from a Giovanni’s Pizza restaurant and Martin gave Bunton a .32 caliber revolver. Martin previously had cut out a stocking cap’s inner layer of fabric so that it could be pulled completely over the face, yet allow some visibility through the hole. He gave the mask to Bunton.

Bunion’s assignment was to put the money from behind the counter into his bag. When Bunton entered the building, he froze. Haymaker grabbed the bag from Bunton and got the money from the cash register. Haymaker told Bunton to get the wallet of an employee, William Cox, which he did.

Bunton and Haymaker rejoined Martin, who had been waiting in the car, and they drove away. They split the stolen money three ways, which amounted to $15.00 apiece.

On March 16, 1986, Officer Hunter of the Bloomington Police Department stopped a green Chevrolet which was occupied by Haymaker and Martin. Officer Crouch appeared at the scene to assist Officer Hunter. Officer Crouch observed a gun on the floorboard of the car, and appellants were transported to the Bloomington Police Department.

During an inventory search of Haymaker’s car, police found a .38 caliber and a .32 caliber handgun. They also found the masks and clothing which were linked to the robbery of Giovanni’s.

Bunton identified State’s Exhibits 3-A and 3-B as clothing similar to that worn by Haymaker during the robbery, and Exhibit 4 as the mask which hid Haymaker’s face. Also, he identified two exhibits as being the guns they used at Giovanni’s.

Appellant Haymaker argues the evidence is insufficient to support his conviction as to Count I robbery, which charged that he robbed William Cox of his wallet. He asserts the record shows that it was Bunton, not appellant, who took Cox’s wallet from him; thus, his conviction should be reversed.

On appeal, this Court will not reweigh the evidence or judge the credibility of the witnesses. Evans v. State (1986), Ind., 497 N.E.2d 919.

There is conflicting evidence as to who removed Cox’s wallet from his pocket. However, who actually took the wallet is irrelevant because an accomplice can be criminally liable for everything done by his confederates which was a probable and natural consequence of their common plan. Menifee v. State (1987), Ind., 512 N.E.2d 142.

Cox testified that Haymaker ordered Bunton to give him Cox’s wallet, which he did. The uncorroborated testimony of a victim is sufficient to sustain a robbery conviction. Id. We find the evidence is sufficient to sustain Haymaker’s convictions.

Appellant Haymaker argues the trial court erroneously admitted into evidence State’s Exhibit 11, a red stocking cap. At trial he objected on the basis that the mask was simply found in the ear at the time of his arrest in Bloomington and has no relevance to the robbery of Giovanni’s.

The trial court has wide discretion in determining the relevancy of offered exhibits. Mullins v. State (1988), Ind., 523 N.E.2d 419. Evidence may be admitted even where there is only a slight tendency to connect the defendant with the offense. Sons v. State (1987), Ind., 502 N.E.2d 1331.

Bunton testified that during the Giovanni robbery, he and Haymaker wore masks which had a layer of cloth cut out to allow visibility. The mask in Exhibit 11 had been similarly altered; thus, it was relevant to show appellants’ modus operands Further, we fail to see how Hay-maker suffered prejudice from its admission considering the amount of other evidence admitted concerning the altered stocking caps. We find no error.

Appellants argue the trial court erred in denying their motion for mistrial. Both appellants were granted a motion in limine which excluded evidence of other uncharged criminal activity, specifically, evidence of other planned robberies near Bloomington.

*464 Officer Deckard testified about the events which occurred during appellants’ arrests, and he said, “we started inventorying the vehicle we started finding articles inside the car that lead (sic) us to believe that the subjects were involved in more ...” at which time appellants objected. A hearing ensued out of the presence of the jury and appellants’ motion for mistrial was denied. Before the trial resumed, the jury was admonished to disregard volunteered statements of the witness in considering the guilt or innocence of the defendant.

Appellants contend the violation of the motion in limine was prejudicial error, the admonishment was insufficient, and their convictions should be reversed.

The granting of a mistrial lies within the sound discretion of the trial court and will be reversed only upon a showing of clear error. Bedwell v. State (1985), Ind., 481 N.E.2d 1090. A mistrial is an extreme remedy and is warranted only where lesser-curative measures will not suffice. Wallace v. State (1985), Ind., 486 N.E.2d 445.

A prompt admonishment is presumed to cure error resulting from the admission of improper evidence. Swafford, v. State (1986), Ind., 498 N.E.2d 1188. The trial court may have properly decided that an admonishment more specific than the one given could have brought more attention to the officer’s comment and been prejudicial to appellants.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Devin Johnson v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2018
Brown v. State
633 N.E.2d 322 (Indiana Court of Appeals, 1994)
Price v. State
619 N.E.2d 582 (Indiana Supreme Court, 1993)
Patton v. State
580 N.E.2d 693 (Indiana Court of Appeals, 1991)
Taylor v. State
567 N.E.2d 98 (Indiana Supreme Court, 1991)
Elswick v. State
565 N.E.2d 1123 (Indiana Court of Appeals, 1991)
Wormbly v. State
550 N.E.2d 95 (Indiana Court of Appeals, 1990)
Pitman v. State
547 N.E.2d 805 (Indiana Supreme Court, 1989)
Peters v. State
542 N.E.2d 1340 (Indiana Supreme Court, 1989)
Underwood v. State
535 N.E.2d 507 (Indiana Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
528 N.E.2d 461, 1988 Ind. LEXIS 262, 1988 WL 97607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-state-ind-1988.