Pierre Devon Porter v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 12, 2018
• Docket: 49A02-1709-CR-2160
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Feb 12 2018, 9:36 am

regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing Court of Appeals and Tax Court the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Michael C. Borschel Curtis T. Hill, Jr. Indianapolis, Indiana Attorney General of Indiana Matthew B. MacKenzie Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Pierre Devon Porter, February 12, 2018 Appellant-Defendant, Court of Appeals Case No. 49A02-1709-CR-2160 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Appellee-Plaintiff. Mark D. Stoner, Judge Trial Court Cause No. 49G06-1705-F3-16526

Kirsch, Judge.

Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018 Page 1 of 5 [1] Pierre Devon Porter (“Porter”) appeals his conviction for criminal confinement

while armed with a deadly weapon, 1 a Level 3 felony, contending that the State

failed to present sufficient evidence of confinement.2

[2] We affirm.

Facts and Procedural History [3] Paula Shofner (“Shofner”) met and began dating Porter in January of 2017. On

May 2, 2017, she received a phone call from a male friend that angered Porter.

When Shofner was driving Porter back to his house later, Porter was still angry

about the phone call. He broke several of the vents in Shofner’s car and then

began to choke her while she was driving. Shofner pulled into a gas station,

and both she and Porter exited the vehicle.

[4] Shofner ran into the gas station and told the clerks to lock the door. Moments

later, Porter entered the gas station store yelling, “you want to play with guns”

and began chasing Shofner around the store. Tr. Vol. II at 57. He then ran back

to the entrance of the store, set his black backpack down, and pulled out a black

.380 caliber handgun. He racked the slide of his handgun to chamber a round,

grabbed Shofner, placed his handgun on the side of her head, and said, “Let’s

go.” Id. at 58. James Ballard, one of the gas station clerks, told Porter “man

1 See Ind. Code § 35-42-3-3. 2 Porter was also convicted of criminal recklessness, a Level 6 felony, possession of marijuana, a Class B misdemeanor, and battery causing bodily injury, a Class A misdemeanor, and was adjudicated to be a habitual offender. Those convictions and the adjudication are not at issue in this appeal.

Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018 Page 2 of 5 don’t shoot her, it ain’t worth it,” id. at 59-60, as Shofner cried and had her

hands up, attempting to duck away from Porter. Porter held Shofner in place,

reached into her waistband, and took her handgun away from her. Then Porter

took his backpack and briefly left the store, but returned moments later to grab

Shofner by the hair and forcibly remove her.

[5] Once they were outside, Shofner was able to break away from Porter and run to

her car. As Shofner entered her vehicle and attempted to drive away, Porter

fired two rounds into the pavement in front of her vehicle. Shofner drove away

from the gas station and called 911. Law enforcement officers responded to a

report of shots fired at the gas station and located Porter walking a short

distance away. Officers found two spent 9mm shell casings in the parking lot of

the gas station, and video footage of Porter’s actions caught on the gas station’s

security cameras. Officers arrested Porter and discovered two handguns in his

backpack.

[6] The State charged Porter with various offenses due to his actions, including

criminal confinement as a Level 3 felony. A jury trial was held, and Porter was

found guilty of several of the charged offenses, including Level 3 felony

criminal confinement. Porter now appeals his conviction for criminal

confinement.

Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018 Page 3 of 5 Discussion and Decision [7] Porter claims that the State failed to present sufficient evidence to support his

conviction for Level 3 felony criminal confinement. Specifically, Porter argues

that there was insufficient evidence proving that he actually confined Shofner.

[8] When considering a claim of insufficient evidence, we adhere to a long-settled

standard of review. We do not reweigh evidence or assess the credibility of

witnesses, and we will consider only the evidence, and the reasonable

inferences drawn therefrom, that are most favorable to the verdict. Gleason v.

State, 965 N.E.2d 702, 708 (Ind. Ct. App. 2012). We will affirm a conviction “if

the evidence and those inferences constitute substantial evidence of probative

value to support the verdict.” Id. “Reversal is appropriate only when a

reasonable trier of fact would not be able to form inferences as to each material

element of the offense.” Id.

[9] Indiana Code section 35-42-3-3(a) provides in applicable part that, “A person

who knowingly or intentionally confines another person without the other

person’s consent commits criminal confinement. The statute further provides

that the offense is a Level 3 felony if it is committed while armed with a deadly

weapon. Ind. Code § 35-42-3-3(2)(A).

[10] Here, the evidence showed that Porter chased Shofner around the gas station

store, pulled out a black .380 caliber handgun, racked the slide of his handgun

to chamber a round, grabbed Shofner, placed his handgun on the side of her

Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018 Page 4 of 5 head, and said, “Let’s go.” Tr. Vol. II at 58. He then grabbed Shofner by the

hair and forcibly removed her from the store.

[11] Indiana Code section 35-42-3-1 provides that confine means to “substantially

interfere with the liberty of a person.” In grabbing Shofner, placing a gun to the

side of her head, and forcibly removing her from the store, Porter substantially

interfered with her liberty. Considering only the evidence most favorable to the

verdict, sufficient evidence was presented to support Porter’s conviction for

criminal confinement as a Level 3 felony. Accordingly, we affirm his

conviction.

[12] Affirmed.

[13] Bailey, J., and Pyle, J., concur.

Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018 Page 5 of 5