S.G. v. State

956 N.E.2d 668, 2011 Ind. App. LEXIS 1618
CourtIndiana Court of Appeals
DecidedAugust 24, 2011
DocketNo. 49A05-1011-JV-736
StatusPublished
Cited by37 cases

This text of 956 N.E.2d 668 (S.G. 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
S.G. v. State, 956 N.E.2d 668, 2011 Ind. App. LEXIS 1618 (Ind. Ct. App. 2011).

Opinion

OPINION

KIRSCH, Judge.

S.G. appeals his adjudication as a delinquent child for committing an act that would be considered Class D felony receiving stolen property1 if committed by an [672]*672adult. On appeal he raises numerous issues, which we restate as follows:

I. Whether the juvenile court abused its discretion when, over S.G.’s objection, it admitted into evidence S.G.’s incriminating statements, which he alleges were involuntary and were obtained in violation of his constitutional right against self-incrimination;
II. Whether the evidence was sufficient for the juvenile court to adjudge S.G. a delinquent child for receiving stolen property; and
III. Whether the juvenile court abused its discretion when it imposed a restitution order in an amount S.G. alleges is greater than the victim’s actual loss.

We affirm in part, reverse in part, and remand.2

FACTS AND PROCEDURAL HISTORY3

On February 19, 2010, Susan Sparks (“Sparks”), a teacher with the Indianapolis Public School System (“IPS”), was using the staff restroom of the Coleman Alternative Education Center (“Coleman”) when her iPhone was stolen from her handbag, which she had left on the restroom counter. Sparks informed Coleman’s principal, Linda Gagyi (“the Principal”), that her iPhone had been stolen. In turn, the Principal notified IPS Police Department Officer Steven Anthony Guynn, Jr. (“Officer Guynn”), who worked on school premises, about the stolen iPhone. During the fact-finding hearing, Officer Guynn described his duties at Coleman as follows: “[Responsible for] the safety and security of the students and staff. Also, dealing with any type of law enforcement issues that could arise from within the school or on the property from outside.” Tr. at 4.

Officer Guynn’s review of a school surveillance tape revealed that only one person had been in the restroom at the same time as Sparks — a female student, T.C. Id. at 15. This prompted the Principal to speak with T.C. The next day, S.G. appeared on the “radar” as someone who might have involvement in the disappearance of Sparks’s iPhone.4 Appellant’s Br. at 3.

At the Principal’s request, Officer Guynn found S.G. and directed him to come to the Principal’s office. The Principal and Officer Guynn sat with S.G. during a meeting in the Principal’s office (the “meeting”), but only the Principal asked S.G. questions about the stolen cell phone. Prior to being questioned, S.G. was not [673]*673given Miranda warnings nor provided with an opportunity to speak with his parent or guardian. In response to the Principal’s question, S.G. stated that T.C. had given him the cell phone and that he got rid of it after he learned from other students that it had been stolen from Sparks. Tr. at 10-21. Based on these statements, the Principal suspended him. Tr. at 17. The State filed a petition of delinquency on May 27, 2010, alleging that S.G. was a delinquent child because he had committed receiving stolen property, a Class D felony if committed by an adult.

During the fact-finding hearing, the State asked Officer Guynn and the Principal what S.G. had told them during the meeting about Sparks’s missing cell phone. Tr. at 5, 16. Defense counsel objected to the State’s line of questioning, contending that S.G.’s statements were inadmissible because they were made during a custodial interrogation, prior to which S.G. had not been informed of his rights under Miranda nor given an opportunity to consult with his parent or guardian. Id. at 9. Over defense counsel’s continuing objection, the juvenile court allowed Officer Guynn and the Principal to testify regarding incriminating statements S.G. had made concerning his having possessed and disposed of the stolen cell phone. Id. at 9-10, 16.

Regarding her restitution claim, Sparks described her iPhone as being a “32 gig” when her iPhone “was a 16.” Id. at 33. Additionally, Sparks replaced her stolen iPhone 3G with an iPhone 4G — a newer model. When Sparks was questioned as to whether the replacement iPhone was comparable to the stolen iPhone, she answered, “It’s comparable to the phone that I had when I bought that phone. When I bought the 3G it was like the best thing they had to offer.” Id. at 26. During cross-examination, and in response to the State’s objection on relevance grounds, the juvenile court responded by noting, “She just — testified as to what she did.... She got a better phone.” Id. at 33-34.

At the conclusion of the hearing, the juvenile court issued a true finding that S.G. was a delinquent child because he had knowingly received, possessed, or disposed of Sparks’s stolen cell phone. See Ind. Code § 35-43-4-2(b). In addition and without inquiring into S.G.’s ability to pay, the juvenile court ordered as a condition of probation that S.G. pay restitution for the cell phone in the amount of $501.00, “au-thorizefd S.G.] to participate in the restitution work program,” and set April 1, 2011 as the “end date” of probation. Tr. at 43-44. The juvenile court also instructed S.G.’s parents to “do whatever is necessary to ensure that [S.G.] completes these probation programs, which is really the restitution work program.” Id. at 44. S.G. now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

I. Admission of Incriminating Statements

S.G. contends that the juvenile court abused its discretion by admitting into evidence, over his continuing objection, the incriminating statements he made during the meeting with the Principal and Officer Guynn. On appeal, he argues that these statements were obtained in violation of the Fifth Amendment to the United States Constitution because he was subjected to a custodial interrogation without being advised of his rights under Miranda5 and without waiving his rights under Indiana Code section 31-32-5-1 (the [674]*674“juvenile waiver statute”).6 Additionally, 5.G. contends that his statements were involuntarily made in violation of the Fifth Amendment to the United States Constitution and Article I, section 14 of the Indiana Constitution.7

A trial court is afforded broad discretion in ruling on the admissibility of evidence, and we will reverse such a ruling only upon a showing of an abuse of discretion. Bentley v. State, 846 N.E.2d 300, 304 (Ind.Ct.App.2006), trans. denied. An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and circumstances before the court. Id. In making this determination, this court does not reweigh evidence and considers conflicting evidence in a light most favorable to the trial court’s ruling. Cole v. State, 878 N.E.2d 882, 885 (Ind.Ct.App.2007). Regarding the “abuse of discretion” standard generally, our Supreme Court has observed, “to the extent a ruling is based on an error of law or is not supported by the evidence it is reversible, and the trial court has no discretion to reach the wrong result.”

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Cite This Page — Counsel Stack

Bluebook (online)
956 N.E.2d 668, 2011 Ind. App. LEXIS 1618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sg-v-state-indctapp-2011.