905 N.E.2d 505 (Ind.App. 2009), 49A02-0810-JV-972, E.D. v. State

Docket Nº49A02-0810-JV-972.
Citation905 N.E.2d 505
Party NameE.D., Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
Case DateMay 04, 2009
CourtCourt of Appeals of Indiana

Page 505

905 N.E.2d 505 (Ind.App. 2009)

E.D., Appellant-Defendant,

v.

STATE of Indiana, Appellee-Plaintiff.

No. 49A02-0810-JV-972.

Court of Appeals of Indiana.

May 4, 2009

Page 506

Chris P. Frazier, Marion County Public Defender Agency, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Tiffany N. Romine, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

E.D. was adjudicated a delinquent child in Marion Superior Court for carrying a handgun without a license, a Class A misdemeanor if committed by an adult. E.D. appeals arguing that the evidence was insufficient to prove that E.D. constructively possessed the handgun. We reverse.

Facts and Procedural History

On May 24, 2008, Indianapolis Metropolitan Police Department Officer Gary Toms (" Officer Toms" ) initiated a traffic stop of a vehicle with a missing headlight. There were five individuals in the car; E.D. was seated in the backseat between two males. Officer Toms asked the driver for identification and the driver stated that he did not have a driver's license. Officer Toms placed him in custody and then asked the other passengers to get out of the vehicle so he could do an inventory search prior to having the vehicle towed.

During the inventory search, Officer Toms found a handgun in the pocket behind the driver's seat, approximately one foot away from where E.D. had been sitting. Officer Toms also found a " blunt" allegedly containing marijuana in the pocket behind the front passenger's seat, approximately two feet away from where E.D. had been sitting. Finally, Officer Toms found a small baggie of what appeared to be marijuana in the front cup holder.

On May 27, 2008, E.D. was alleged a delinquent child on Count I: carrying a handgun without a license, which would be a Class A misdemeanor if committed by an adult, and Count II: possession of marijuana, which would be a Class A misdemeanor if committed by an adult. The trial court entered a true finding with respect to Count I. Count II was dismissed because the chemist was not present to testify as to the substance found in the vehicle. The trial court suspended E.D.'s commitment to the Department of Correction with the following conditions: undergo a substance abuse evaluation and random drug testing; abide by a 7:00 p.m. curfew for sixty days; participate in the " Think for a Change" program; remove all weapons from the home; prohibit riding in vehicles without his mother or another adult's permission; and to pay court-ordered fees. E.D. now appeals.

I. Insufficient Evidence

E.D. argues that the evidence is insufficient to support the delinquency adjudication-specifically that the evidence is insufficient to prove that E.D. was in constructive possession of a handgun without a license. When the State seeks to have a juvenile adjudicated as a delinquent child for committing an act which would be a crime if a committed by an adult, the State must prove every element of the crime beyond a reasonable doubt. J.S. v. State, 843 N.E.2d 1013, 1016...

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  • 961 N.E.2d 501 (Ind.App. 2012), 49A02-1103-JV-290, K.F. v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • 20 Enero 2012
    ...trier of fact could conclude that the juvenile was guilty beyond a reasonable doubt, we will affirm the adjudication. E.D. v. State, 905 N.E.2d 505, 506-07 (Ind.Ct.App.2009) (internal citations omitted). " Circumstantial evidence is no different than other evidence for this purpose, an......
  • 990 N.E.2d 68 (Ind.App. 2013), 02A05-1210-CR-518, Walton v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • 28 Junio 2013
    ...a conviction, the State must show the defendant had control over the vehicle and knowledge of the gun's presence. See E.D. v. State, 905 N.E.2d 505, 507 (Ind.Ct.App.2009). If a defendant is the driver and sole occupant of a vehicle where a firearm is found, a jury may reasonably infer his k......
  • 999 N.E.2d 472 (Ind.App. 2013), 49A02-1304-CR-348, Berry v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • 26 Diciembre 2013
    ...and that the defendant had control of either the weapon or of the vehicle with knowledge of the weapon's presence." E.D. v. State, 905 N.E.2d 505, 507 (Ind.Ct.App.2009) (quotation and emphasis omitted). Constructive possession occurs when an individual has the intent and capability to ......
  • D.S. v. State, 102915 INCA, 49A04-1504-JV-161
    • United States
    • Indiana Court of Appeals of Indiana
    • 29 Octubre 2015
    ...trier of fact could conclude that the juvenile was guilty beyond a reasonable doubt, we will affirm the adjudication. E.D. v. State, 905 N.E.2d 505, 506-07 (Ind.Ct.App. 2009) (internal citations [8] The battery statute, Indiana Code § 35-43-2-1(b)(1), provides that "[a] person who know......
  • Request a trial to view additional results
13 cases
  • 961 N.E.2d 501 (Ind.App. 2012), 49A02-1103-JV-290, K.F. v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • 20 Enero 2012
    ...trier of fact could conclude that the juvenile was guilty beyond a reasonable doubt, we will affirm the adjudication. E.D. v. State, 905 N.E.2d 505, 506-07 (Ind.Ct.App.2009) (internal citations omitted). " Circumstantial evidence is no different than other evidence for this purpose, an......
  • 990 N.E.2d 68 (Ind.App. 2013), 02A05-1210-CR-518, Walton v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • 28 Junio 2013
    ...a conviction, the State must show the defendant had control over the vehicle and knowledge of the gun's presence. See E.D. v. State, 905 N.E.2d 505, 507 (Ind.Ct.App.2009). If a defendant is the driver and sole occupant of a vehicle where a firearm is found, a jury may reasonably infer his k......
  • 999 N.E.2d 472 (Ind.App. 2013), 49A02-1304-CR-348, Berry v. State
    • United States
    • Indiana Court of Appeals of Indiana
    • 26 Diciembre 2013
    ...and that the defendant had control of either the weapon or of the vehicle with knowledge of the weapon's presence." E.D. v. State, 905 N.E.2d 505, 507 (Ind.Ct.App.2009) (quotation and emphasis omitted). Constructive possession occurs when an individual has the intent and capability to ......
  • D.S. v. State, 102915 INCA, 49A04-1504-JV-161
    • United States
    • Indiana Court of Appeals of Indiana
    • 29 Octubre 2015
    ...trier of fact could conclude that the juvenile was guilty beyond a reasonable doubt, we will affirm the adjudication. E.D. v. State, 905 N.E.2d 505, 506-07 (Ind.Ct.App. 2009) (internal citations [8] The battery statute, Indiana Code § 35-43-2-1(b)(1), provides that "[a] person who know......
  • Request a trial to view additional results

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