Bundy v. State, 011119 INCA, 18A-CR-19

Docket Nº:18A-CR-19
Opinion Judge:TAVITAS, JUDGE
Party Name:Larry Dale Bundy, Jr., Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff
Attorney:Attorney for Appellant James Spangler Bedford, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Tyler G. Banks Deputy Attorney General Indianapolis, Indiana
Judge Panel:Brown, J., and Altice, J., concur.
Case Date:January 11, 2019
Court:Court of Appeals of Indiana
 
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Larry Dale Bundy, Jr., Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff

No. 18A-CR-19

Court of Appeals of Indiana

January 11, 2019

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

Appeal from the Lawrence Superior Court The Honorable Michael Robbins, Judge Trial Court Cause No. 47D01-1708-F5-1231

Attorney for Appellant James Spangler Bedford, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Tyler G. Banks Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

TAVITAS, JUDGE

Case Summary

[¶1] Larry Dale Bundy Jr. appeals his convictions for criminal confinement, a Level 5felony; two counts of strangulation, Level 6 felonies; domestic battery, a Level 6felony; and intimidation, a Level 6 felony. We affirm in part, reverse in part, and remand. Issues

[¶2] Bundy raises three issues, which we restate as: I. Whether the trial court erred by excluding Bundy's three late-discovered witnesses.

II. Whether the evidence is sufficient to sustain Bundy's conviction for criminal confinement, a Level 5 felony.

III. Whether one of Bundy's strangulation convictions should be vacated pursuant to the continuous crime doctrine.

Facts

[¶3] Bundy and his wife, Jacey, were estranged, and their relationship was contentious. In late July 2017 and early August 2017, the couple was living apart but had several interactions that resulted in 911 calls. On July 30, 2017, Jacey allowed Bundy into her hotel room at the Mark Three Motel in Bedford. Jacey alleged there was a physical altercation between herself and Bundy. Sergeant Timothy Chen of the Bedford Police Department dispatched officers to the motel in response to a 911 call regarding a domestic disturbance between Bundy and Jacey. Jacey later went to the hospital for treatment.

[¶4] On August 15, 2017, Jacey went with Bundy to his hotel room at the Rosemont Motel in Bedford. They were watching a movie, and Bundy started drinking alcohol. Bundy got upset with Jacey, and Jacey told Bundy that she was going to sleep. Jacey woke to Bundy "dragging [her] out of the bed by [her] hair and [she] had no clothes on." Tr. Vol. III p. 23. Jacey was on the floor between the two beds, and Bundy started hitting and kicking her on her back, legs, arms, stomach, chest, and head. Bundy put a blanket over Jacey and held it tightly over her head such that she "couldn't breathe through [her] nose or [her] mouth." Id. at 25. Bundy also put both of his hands around Jacey's neck. At one point, Bundy put his foot across Jacey's neck, and she "couldn't breathe." Id. at 26. At some point, Jacey was able to lock herself in the bathroom and call 911.

[¶5] Sergeant Chen was dispatched to the Rosemont Motel regarding a domestic disturbance. When Sergeant Chen arrived, he heard a woman screaming. Sergeant Chen started hitting the door with his flashlight and yelling for the occupants to open the door. The officers obtained a key and opened the door, and they discovered Bundy sitting on the bed. The officers also discovered Jacey, who was "visibly upset, shaking, [and] crying." Tr. Vol. II p. 162. Jacey's hair was "crazy" and disheveled like someone had "yanked it." Id. at 162-63. Sergeant Chen also noticed blood on Jacey's nose, red marks on her face, and large red marks on her back; her eyelid was "busted and swollen and it was bleeding," and she had redness on her throat. Id. at 166. When Jacey went into the bathroom to get dressed, Sergeant Chen saw blood smeared on the floor and the sink. Jacey was transported to the hospital.

[¶6] The State charged Bundy with nine counts related to the July 30, 2017, and August 15, 2017, events. The following counts were related to July 30, 2017: Count II, criminal confinement, a Level 5 felony; Count V, strangulation, a Level 6 felony; Count VII, domestic battery, a Level 6 felony; and Count IX, intimidation, a Level 6 felony. The following counts were related to August 15, 2017: Count I, criminal confinement, a Level 5 felony; Count III, strangulation, a Level 6 felony; Count IV, strangulation, a Level 6 felony; Count VI, domestic battery, a Level 6 felony; and Count VIII, intimidation, a Level 6 felony.

[¶7] On October 13, 2017, Bundy filed a motion for a...

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