Raymond D. Tyson v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 5, 2016
• Docket: 49A04-1506-CR-607
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be Feb 05 2016, 8:58 am regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Kurt A. Young Gregory F. Zoeller Nashville, Indiana Attorney General of Indiana Tyler G. Banks Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Raymond D. Tyson, February 5, 2016 Appellant-Defendant, Court of Appeals Case No. 49A04-1506-CR-607 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Sheila A. Carlisle, Appellee-Plaintiff. Judge Trial Court Cause No. 49G03-1407-FB-33786

Riley, Judge.

Court of Appeals of Indiana | Memorandum Decision 49A04-1506-CR-607 | February 5, 2016 Page 1 of 6 STATEMENT OF THE CASE

[1] Appellant-Defendant, Raymond D. Tyson (Tyson), appeals his conviction for

burglary, a Class B felony.

[2] We affirm.

ISSUE

[3] Tyson raises one issue on his appeal, which we restate as follows: Whether the

State presented sufficient evidence to support his conviction beyond a

reasonable doubt.

FACTS AND PROCEDURAL HISTORY

[4] Upon returning home from work on July 8, 2011, between 6:00 and 6:30 p.m.,

Stephanie Thompson (Thompson) noticed that someone had broken a window

above her kitchen sink. Thompson immediately called the police and waited in

her car for their arrival. Once the police checked the inside of her residence,

Thompson entered the house and made several observations. The exterior door

handle was loose and looked like someone had tried to kick it open. In her

kitchen, she observed blood on the interior of the broken window glass, on the

window frame, and on a cup that was sitting in the sink. Thompson informed

the police that several items, including her jewelry, were missing and other

items were moved and scattered around. DNA collected from the scene was a

match with Tyson, who lived approximately four houses away from

Thompson.

Court of Appeals of Indiana | Memorandum Decision 49A04-1506-CR-607 | February 5, 2016 Page 2 of 6 [5] On July 2, 2014, the State charged Tyson with burglary, a Class B felony. On

April 30, 2015, the trial court conducted a jury trial, where Tyson admitted to

breaking Thompson’s kitchen window. Tyson was found guilty as charged and,

on May 29, 2015, sentenced to eight years at the Department of Correction with

six years executed and the remaining two years suspended to one year of

probation.

[6] Tyson now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

[7] Tyson argues that the evidence was insufficient to support his conviction

because the State did not establish the specific intent to commit theft inside the

residence.

[8] When reviewing a claim of insufficient evidence, an appellate court considers

only the evidence most favorable to the verdict and any reasonable inferences

that may be drawn from that evidence. Baker v. State, 968 N.E.2d 227, 229 (Ind.

2012). If a reasonable finder of fact could determine from the evidence that the

defendant was guilty beyond a reasonable doubt, then we will uphold the

verdict. Id. We do not reweigh the evidence or judge the credibility of

witnesses. Id. These evaluations are for the trier of fact, not appellate courts.

Id. In essence, we assess only whether the verdict could be reached based on

reasonable inferences that may be drawn from the evidence presented. Id.

[9] Burglary is the breaking and entering of the building or structure of another

person with the intent to commit a specific felony therein. See Ind. Code § 35- Court of Appeals of Indiana | Memorandum Decision 49A04-1506-CR-607 | February 5, 2016 Page 3 of 6 43-2-1 (2013). Tyson admits that he broke the window. However, he argues

that he did not enter the residence and did not take anything from there.

Hence, he claims that the evidence was not sufficient to support the inference

that he entered the residence with the specific intent to commit theft inside. We

disagree.

[10] A burglar’s intent to commit a specific felony at the time of the breaking and

entering may be inferred from the circumstances. Baker, 968 N.E.2d at 229-30.

The evidentiary inference pointing to the defendant’s intent must be separate

from the inference of the defendant’s breaking and entering. Id. at 230. The

same piece of evidence, however, can support both inferences. Id.

[11] This case, as correctly pointed out by the State, is similar to Baker. In Baker, a

member of a church noticed a broken window and blood inside the church’s

basement. Id. at 228. Further inspection of the church revealed dents and

scratches on the front door which were characterized by witnesses as pry marks,

blood and glass near the front door, a broken window screen, and several

kitchen cabinets and drawers standing ajar with blood stains on the outside of

them. Id. DNA collected from the scene matched the defendant’s DNA. Id.

[12] Tyson here raises the same argument rejected by our supreme court in Baker. In

that case, the defendant argued that there was no evidence to indicate his intent

to commit theft. Id. at 231. Our supreme court held that the opening of

cabinets and drawers—not being a necessary step in the act of breaking and

entering—suggested that the person opening them was looking for property to

Court of Appeals of Indiana | Memorandum Decision 49A04-1506-CR-607 | February 5, 2016 Page 4 of 6 steal. Id. Therefore, the act of opening the drawers and cabinets alone was

enough to support an inference of intent to commit theft. Id.

[13] Here, Tyson admitted he broke the window. Further, the record reveals that

Thompson’s belongings were moved around and had been rummaged through.

Thus, this act alone was enough to support an inference of intent to commit

theft. Finally, the record reveals that some of the items were actually removed

from the residence, which bolstered the already reasonable inference even more.

See id.

[14] Tyson still asserts that even if there was an entry, it was partial. He argues that

an entry like this, falls within the scope of residential entry, citing to Williams v.

State, 873 N.E.2d 144 (Ind. Ct. App. 2007). We find this argument

unpersuasive. In Williams, the defendant broke a bedroom window of his

girlfriend’s residence, promising to “beat her bloody.” Id. at 145. The

defendant was intoxicated. Id. He tried to get inside through the shattered

window, but was not able to. Id. The police found him, covered in his own

blood, standing in the front yard. Id. We held the partial entry fell within the

scope of residential entry and found the evidence sufficient to affirm the

conviction. Id. at 148.

[15] This case is different from Williams because a felony was in fact committed.

Tyson completed the entry and rummaged through Thompson’s belongings.

Tyson was able to offer his explanation to the jury arguing that someone else

could have stolen Thompson’s items. He explained that the residence was

Court of Appeals of Indiana | Memorandum Decision 49A04-1506-CR-607 | February 5, 2016 Page 5 of 6 exposed for several hours after he broke the window. The jury, however, still

found Tyson guilty. Accordingly, we find that there is sufficient evidence to

establish Tyson’s conviction beyond a reasonable doubt.

CONCLUSION

[16] Based on the foregoing, we conclude the evidence was sufficient to find beyond

a reasonable doubt that Tyson entered the residence with intent to commit a

felony therein.

[17] Affirmed.

[18] Najam, J. and May, J. concur

Court of Appeals of Indiana | Memorandum Decision 49A04-1506-CR-607 | February 5, 2016 Page 6 of 6