Scott v. State

632 N.E.2d 761, 1994 Ind. App. LEXIS 386, 1994 WL 122348
CourtIndiana Court of Appeals
DecidedApril 13, 1994
Docket29A02-9303-CR-118
StatusPublished
Cited by11 cases

This text of 632 N.E.2d 761 (Scott 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
Scott v. State, 632 N.E.2d 761, 1994 Ind. App. LEXIS 386, 1994 WL 122348 (Ind. Ct. App. 1994).

Opinions

GARRARD, Judge.

Freddy Scott, Jr. (Seott) appeals his conviction for Battery, as a Class C felony.1

FACTS

The facts most favorable to the judgment reveal that on the night of April 8, 1991, Gilbert Larry Pryor (Pryor) was at a tavern in Noblesville, Indiana. Pryor had been at the bar since approximately 4:00 that afternoon, and he had consumed a significant amount of alcohol. While at the bar, he met Seott and Randall Price (Price), who were both drinking as well, and the three men began talking.

Just before midnight, Scott and Price agreed to give Pryor a ride home, and the three men left the bar together. After getting into a van, Seott and Price told Pryor that they were first going to smoke some marijuana, and then they would take Pryor home. Scott drove out to Potter's Bridge, over the White River, and Pryor got out of the van. At this point, both Seott and Price began to hit Pryor, and Pryor was eventually knocked unconscious.

When he regained consciousness, Pryor was lying in shallow water in the river. He crawled to a nearby house and managed to [764]*764get inside the door before again passing out. That morning the resident of the house, Charles Brouse (Brouse), discovered Pryor and called the police. Pryor was taken to Riverview Hospital, where he was treated for severe injuries to his face, in addition to multiple lacerations on his arms and chest, a nasal fracture and fractured ribs. Pryor required surgery to repair several lacerations on his face, and he was hospitalized for three days.

Seott was charged with one count of Battery, as a Class C felony, and one count of Robbery, as a Class A felony. The robbery count was dismissed at the end of the state's case-in-chief. The jury returned a verdict of guilty on the battery charge, and Seott has timely appealed.

ISSUES AND DISCUSSION

Scott raises several issues for our consideration on appeal, which we consolidate as follows:

I. Whether the admission of several photographs and items of physical evidence constituted reversible error.
II. Whether the trial court erred in admitting a statement which Seott gave to the police.
Whether the trial court erred in denying Scott's motion for judgment on the evidence as to the charge of battery. IIL.
IV. Whether Scott was denied effective assistance of counsel.
V. Whether the trial court erred in ordering Seott's sentence to be consecutive to any violation of probation imposed.

ISSUE I

Seott argues that the admission of numerous exhibits over the course of the trial constituted reversible error.

Seott objected to the following items of evidence which were subsequently admitted at trial: exhibits 16, 17, 18 and 19 (photographs of blood stains on the roadway); exhibit 20 (photograph of a button and two quarters near the roadway); exhibit 21 (photograph of seuffed spot in dirt near the roadway); exhibit 22 (photograph of the ground near the roadway, including sunglasses and a ten dollar bill); exhibit 25 (two quarters); exhibit 26 (a button); exhibit 28 (a ten dollar bill); exhibit 29 (hair); exhibit 30 (four quarters); exhibit 31 (a button and a rock); exhibit 382 (part of a tooth); and exhibit 38 (Seott's tennis shoes).

Seott maintains that the state did not lay a proper foundation for the admission of any of these exhibits and that the exhibits were not relevant or material as to any issue and resulted in prejudice constituting reversible error.

The admission of photographic evidence is within the discretion of the trial court and reversal will occur only upon a showing of an abuse of discretion. Jackson v. State (1992), Ind., 597 N.E.2d 950, 963. Onee it is established that a photograph is an accurate depiction of that which it is intended to portray, its admissibility turns on the question of relevancy. Baird v. State (1992), Ind., 604 N.E.2d 1170, 1189. Photographs of a crime scene are generally admissible because they are competent and relevant aids by which the jury can orient itself to best understand the evidence presented. Wethington v. State (1990), Ind., 560 N.E.2d 496, 506 (citation omitted).

Here, we find no error in the admission of exhibits 16-22, all photographs of the crime scene. The photographs were identified by the investigating officer as accurately depicting the crime area. The investigation occurred a few hours after the attack, and the police officer testified as to his investigation of the crime seene. Pryor testified that he was bleeding at the accident seene. Further, he stated that he left the bar with ten to twelve dollars, in addition to several quarters, and that these items were all missing after the incident. Pryor also positively identified his sunglasses, and testified that his buttoned shirt was missing after the attack. These photographs were clearly relevant in corroborating the police officer's testimony regarding his investigation and Pryor's testimony as to how and where the attack occurred and were properly admitted.

[765]*765Seott argues that these photographs were inadmissible because there was no evidence establishing that the blood depicted was in fact Pryor's blood, or that the money and button shown in the photographs in fact belonged to Pryor. In Lamotte v. State (1986), Ind., 495 N.E.2d 729, a photograph depicting red spots on parking lot pavement at the crime scene was admitted over the defendant's objection that there was no testimony establishing that the red spots were the vice-tim's blood. The supreme court held that the photographs corroborated the testimony of the victim, who stated that he bled onto the pavement, and the investigating officer, who indicated that he had observed the blood spots at the accident scene. Id. at 7883. Similarly, in this case the photographs were an aid to the jury in both depicting the accident scene and in corroborating the testimony of witnesses.

Scott also objected to the admission of several items of physical evidence, including shirt buttons, quarters, a ten dollar bill, hair, a tooth and tennis shoes. An adequate foundation for the admission of an item of physical evidence involves two showings. First, the witness who observed the particular instrumentality must be able to at least state that the item shown is "like" the one associated with the crime. Second, there must be a showing that the item is connected to the defendant and the commission of the crime. Andrews v. State (1989), Ind., 532 N.E.2d 1159, 1162-63; Oglesby v. State (1987), Ind., 513 N.E.2d 638, 640. However, the physical evidence need only constitute a small but legitimate link in the chain of evidence connecting the defendant with the crime. Hudson v. State (1986), Ind., 496 N.E.2d 1286, 1296. The trial court need not require absolute identification of an exhibit; admission may be proper even where there is only a slight tendency to connect the defendant with the offense. Sons v.

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Scott v. State
632 N.E.2d 761 (Indiana Court of Appeals, 1994)

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632 N.E.2d 761, 1994 Ind. App. LEXIS 386, 1994 WL 122348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-indctapp-1994.