Brown v. State

• Decision Date: 16 December 1999
• Docket Number: No. 49S00-9809-CR-479.,49S00-9809-CR-479.
• Citation: 720 N.E.2d 1157
• Parties: Jewan BROWN, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).
• Court: Indiana Supreme Court

720 N.E.2d 1157

Jewan BROWN, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

No. 49S00-9809-CR-479.

Supreme Court of Indiana.

December 16, 1999.

Catherine M. Morrison, Indianapolis, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, James A. Garrard, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

BOEHM, Justice.

Jewan Brown was convicted of the murder of Michael Webster and conspiracy to commit that murder. He was sentenced to sixty-five years for the murder and thirty for the conspiracy to be served consecutively. Brown appeals, arguing that there is insufficient evidence to support his convictions and that his sentence is manifestly unreasonable. We affirm the convictions but, in light of Brown's youth, remand with direction to impose concurrent sentences.

Factual and Procedural Background

The facts of this case are set forth fully in Bonds v. State, 721 N.E.2d 1238 (Ind. 1999), also decided today. Briefly, on July 9, 1997, Ernestine Bonds was carjacked at gunpoint by Webster. Two days later Webster was killed in a strip mall parking lot. Brown, his brother Jermaine, Marco Clark and Robert Bonds, Ernestine's son, were charged with the murder. All but Jermaine were tried in the same proceeding. Evidence at trial included the testimony of several eyewitnesses that Brown, Jermaine, Bonds, Clark and possibly others arrived at the parking lot in three different cars. Witnesses stated that after identifying Webster, these individuals approached Webster and shot him. The autopsy identified seventeen gunshot wounds inflicted by bullets fired from two weapons at close range. Witness testimony conflicted as to who fired the shots. Brown was convicted of murder and conspiracy to commit murder.

I. Sufficiency of the Evidence

Brown contends that the State failed to present sufficient evidence to support his convictions for murder and conspiracy to commit murder. In reviewing a sufficiency of the evidence claim, we do not reweigh the evidence or assess the credibility of the witnesses. Soward v. State, 716 N.E.2d 423, 425 (Ind.1999). Rather we look to the evidence and reasonable inferences drawn therefrom that support the verdict and will affirm the convictions if there is probative evidence from which a reasonable jury could have found the defendant guilty beyond a reasonable doubt. Garrett v. State, 714 N.E.2d 618, 621 (Ind. 1999); Anderson v. State, 699 N.E.2d 257, 261 (Ind.1998).

At trial Jermaine testified that he saw Brown with a .38 caliber revolver the day of the murder. A bullet recovered from the victim's head was fired from a .38 caliber revolver that was recovered near the parking lot. Jermaine also testified that Brown fired the first shot into Webster's head. Shawntae Kelly testified that on the day of the shooting, she heard Brown tell someone on the phone that he had shot someone. Finally, an eyewitness testified that she saw the driver of a purple car shoot Webster. Although Brown is correct that there is evidence to contradict this testimony, including Jermaine's statement that he did not see Brown shoot anyone and the testimony of two witnesses who stated that the shooter was the man who drove the white car and wore a white tee shirt,¹ "[i]t is the jury's exclusive prerogative to weigh conflicting evidence." Robinson v. State, 699 N.E.2d 1146, 1148 (Ind.1998). In light of this evidence, we conclude that a reasonable jury could have found Brown guilty of murder.

Browns' conspiracy conviction also survives his sufficiency challenge. A conviction for conspiracy requires the State to prove that the defendant had the intent to commit murder, agreed with another person to commit the crime, and performed an overt act in furtherance of the agreement. See Ind.Code § 35-41-5-2 (1998); Williams v. State, 690 N.E.2d 162, 170 (Ind.1997). Ritchey testified that Brown and Bonds had approached him the day before the shooting looking for the man who had carjacked Bond's mother. Brown told Ritchey that the carjacker would "get burned" which Ritchey stated meant to get "shot." On the day of the shooting, Bonds received a page and stated, "Revco, lets go." A Revco store was among the stores bordering the parking lot where Webster was killed. Brown arrived at the parking lot, which was the overt act charged in the information, before Bonds and the others. Finally, several witnesses testified that when Webster walked out of the store toward his car, someone in the group stated, "There [he] is." The group then approached Webster and someone started firing. This is substantial evidence of probative value from which a reasonable jury could conclude that Brown and the others acted pursuant to a prearranged plan to locate and kill Webster, which is sufficient evidence of a conspiracy to commit murder.

II. Sentence is Manifestly Unreasonable

Brown contends that the trial court failed to give adequate weight to his young age and minimal criminal history as mitigating circumstances and that his resulting sentence is manifestly unreasonable.² Although this Court has the constitutional authority to review and revise sentences, Ind. Const. art. VII, § 4, it will not do so unless the sentence imposed is "manifestly unreasonable in light of the nature of the offense and the character...