Sargent v. State

875 N.E.2d 762, 2007 Ind. App. LEXIS 2400, 2007 WL 3275283
CourtIndiana Court of Appeals
DecidedNovember 7, 2007
DocketNo. 49A02-0610-CR-856
StatusPublished
Cited by39 cases

This text of 875 N.E.2d 762 (Sargent 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
Sargent v. State, 875 N.E.2d 762, 2007 Ind. App. LEXIS 2400, 2007 WL 3275283 (Ind. Ct. App. 2007).

Opinion

OPINION

HOFFMAN, Senior Judge.

Defendant-Appellant Martin Sargent (“Sargent”) appeals from his convictions after a bench trial of two counts of incest. Ind.Code § 35-46-1-3. We affirm.

Sargent raises three issues for our review. First, Sargent asks us to determine whether the trial court properly excluded impeaching evidence. Second, Sargent asks us to determine if the evidence is sufficient to support his convictions, specifically examining the trial court’s credibility determination. Third, Sargent asks us to determine if he was correctly sentenced.

The facts most favorable to the convictions reveal that in November of 2005, T.S., who was sixteen years old at the time, was living with her father, Sargent, and her three younger brothers. T.S. was on “punishment” for not keeping her room clean. T.S. and Sargent had a history of communicating in writing. T.S. wrote a note to Sargent asking if she could do chores around the house in order to be taken off punishment. Sargent wrote that she was supposed to do the chores she had mentioned anyway, and suggested that she could do “what they had been talking about,” a reference to a prior conversation they had about sex. T.S. again offered, in writing, to do chores. Sargent replied in writing, alluding again to the prior conversation about sex. Ultimately, T.S. agreed to watch a pornographic movie with Sargent. Sargent agreed to take her off punishment except for the rest of the weekend in exchange for doing so.

[766]*766Sargent told T.S. to remove her clothing, which she did wrapping herself in a pink towel. T.S. then went into Sargent’s bedroom and sat on his bed as he instructed. The younger brothers were asleep in their bedroom at the time. Sargent proceeded to play a pornographic movie, and told T.S. to remove the towel. Sargent then instructed T.S. on how to masturbate herself, and masturbated himself.

Sargent engaged in cunnilingus with T.S. and had her perform fellatio on him. Sargent then engaged in sexual intercourse with T.S. Ultimately, T.S. was allowed to leave her father’s bedroom, after which she took a bath. Four days later, T.S. told her aunt what had happened. T.S. was removed from the home and was placed with a foster family.

On January 13, 2006, the State charged Sargent with two counts of Class C felony incest, and one count of Class D felony child seduction. Sargent waived his right to a jury trial and his bench trial was held on August 24, 2006. The trial court found Sargent guilty on all three counts, but did not enter judgment of conviction on the count of child seduction for double jeopardy reasons. Sargent was sentenced to concurrent six-year sentences on the two incest convictions. Sargent appeals from his convictions and sentence.

Sargent first argues that the trial court committed reversible error by excluding evidence that would have impeached T.S.’s credibility. More specifically, Sargent argues that he should have been allowed to present testimony from two witnesses, T.S.’s foster mother and foster sister, and a report generated by the Indiana Department of Child Services (“the 310 report”), regarding a subsequent molestation claim made by T.S.

The admission or exclusion of evidence is a matter within the trial court’s discretion, and we will reverse only upon an abuse of that discretion. Traylor v. State, 817 N.E.2d 611, 615 (Ind.Ct.App. 2004). An abuse of that discretion occurs if a trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Id. Moreover, a claim of error in the admission or exclusion of evidence will not prevail on appeal unless a substantial right of the party is affected. Oldham v. State, 779 N.E.2d 1162, 1170 (Ind.Ct.App.2002). A trial court ruling excluding evidence may not be challenged on appeal unless a substantial right of the party is affected and the substance of the evidence was made known to the court by a proper offer of proof, or was apparent from the context within which questions were asked. Lash-brook v. State, 762 N.E.2d 756, 758 (Ind. 2002). In addition, appellate review of the exclusion of evidence is not limited to the grounds stated at trial, but rather the ruling will be upheld if supported by any valid basis. Id.

In the present case, the testimony of the two witnesses, and the information contained in the 310 report, was cumulative evidence. T.S. maintained at trial that she had been molested by her foster father. T.S.’s foster father was allowed to testify regarding that subsequent allegation of child molesting T.S. had made against him. He testified that the allegation was false, that he and T.S. were never alone together on the day in question, and that he continued to be a licensed foster parent.

The State had moved in limine to prevent Sargent from introducing this evidence at trial. Sargent argued that the evidence of the subsequent allegation went to the issue of T.S.’s credibility. The trial court denied the State’s motion and allowed the foster father’s testimony. The State had acknowledged that the allegation [767]*767made by T.S. against her foster father was found unsubstantiated and nothing further was done about the allegation. The State also acknowledged that T.S.’s treatment providers believed that the allegation against T.S.’s foster father was untrue. When Sargent moved to admit the 310 report, the State objected, and noted that it had already been established that nothing came from the allegations.

The trial judge properly excluded the cumulative evidence regarding the subsequent unsubstantiated allegation. Indiana Rule of Evidence 403 allows the exclusion of relevant evidence based on considerations of undue delay or needless presentation of cumulative evidence. The trial judge stated that she did not want the present case to turn into a trial on the subsequent allegation. The trial judge noted that Sargent had already been allowed to impeach T.S. on that matter and did not need to present further testimony along those lines. The trial judge also noted the State’s concessions regarding investigation of that allegation. The trial judge did not abuse her discretion by limiting the amount of impeaching evidence presented.

Sargent next argues that the evidence was insufficient to support his convictions. In particular, he claims that the trial court improperly evaluated the credibility of T.S. and Sargent by considering Sargent’s demeanor during T.S.’s testimony.

Our standard of review for sufficiency claims is well settled. This court will not reweigh the evidence or assess the credibility of witnesses. Cox v. State, 774 N.E.2d 1025, 1028 (Ind.Ct.App.2002). Only the evidence most favorable to the judgment, together with all reasonable inferences that can be drawn therefrom will be considered. Id. If a reasonable trier of fact could have found the defendant guilty based on the probative evidence and reasonable inferences drawn therefrom, then a conviction will be affirmed. Id. at 1028-29. A victim’s testimony, even if uncorroborated, is ordinarily sufficient to sustain a conviction for child molesting. Craun v. State,

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Cite This Page — Counsel Stack

Bluebook (online)
875 N.E.2d 762, 2007 Ind. App. LEXIS 2400, 2007 WL 3275283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sargent-v-state-indctapp-2007.