Campbell v. State

• Citation: 820 N.E.2d 711
• Decision Date: 14 January 2005
• Docket Number: No. 13A01-0308-CR-289.,13A01-0308-CR-289.
• Parties: Wayne CAMPBELL, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
• Court: Court of Appeals of Indiana

820 N.E.2d 711

Wayne CAMPBELL, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

No. 13A01-0308-CR-289.

Court of Appeals of Indiana.

January 14, 2005.

Matthew Jon McGovern, Evansville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Justin F. Roebel, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

Appellant-defendant Wayne Campbell appeals his convictions on two counts of Attempted Murder,¹ a class A felony, and Burglary Resulting in Serious Bodily Injury,² a class A felony, claiming that reversal is warranted because: (1) his right against self-incrimination was violated when police officers interrogated him before he was given the Miranda³ warnings; (2) the evidence was insufficient to support the convictions; (3) the enhanced conviction for burglary resulting in serious bodily injury cannot stand because the enhancement was based upon the same act used to support an attempted murder charge; and (4) he was improperly sentenced.

Concluding that the trial court properly admitted the statements that Campbell made to the police officers into evidence because he was not in custody when the statements were made, we find no error with respect to this issue. We also conclude that the evidence was sufficient to support Campbell's convictions, but find that convictions for both attempted murder and burglary as a class A felony violate double jeopardy principles. Finally, we conclude that the sentence imposed on the offenses was not inappropriate. Thus, we affirm in part, reverse in part, and remand this cause with instructions that the trial court: (1) vacate the conviction for class A felony burglary; (2) enter judgment as a class B felony burglary; and (3) resentence Campbell on the class B felony burglary.

FACTS

On November 15, 1991, Campbell purchased approximately twenty-two acres in Crawford County, and used the land primarily for hunting and camping. To access his property, Campbell used a private road that passed through the properties of his neighbors, Jean and Alva Kincaid (collectively, the Kincaids), and Don Mattox. This easement ran directly between the Kincaids' house and garage.

Sometime in January 2000, Campbell moved into a trailer on the land. Almost from the beginning, various altercations occurred among the Kincaids, Mattox and Campbell regarding the use of the easement. For instance, on one occasion, Alva installed metal speed bumps across the easement, claiming that Campbell had been speeding across his property. Alva and Mattox also began running ATVs down the easement, placing ruts in the road. At some point, Alva allegedly blocked the road to Campbell's residence with a truck and a tractor. The situation worsened to the point that Alva and Campbell sought — and obtained — protective orders against one another.

On November 7, 2001, Campbell hunted on his property and went into town to have supper at a restaurant. When Campbell returned, he noticed that several rocks were lying in the road. Upon closer examination, Campbell observed that shards of glass had been attached to the rocks. Campbell then picked up a rock and threw it at the Kincaids' garage. Alva told Jean to call the police, whereupon Alva picked up his gun, went outside, and confronted Campbell. Campbell then grabbed his shotgun and fired into the air.

At some point, Campbell pointed his gun at Alva and ordered him to drop his weapon. Instead, Alva tried to grab Campbell's gun. However, Campbell immediately hit Alva several times in the head with the barrel of the shotgun. During the altercation, Campbell bent the barrel of the shotgun and also broke the stock. As a result of the attack, Alva's skull was fractured, causing major brain damage. Alva is currently unable to talk and is in need of constant medical care.

Immediately after striking Alva, Campbell proceeded to the Kincaids' house where he kicked in the door and encountered Jean. At that time, she was talking with a State Police officer on the telephone. Campbell grabbed the telephone and tossed it to the ground. Jean then ran to the porch and Campbell followed. He hit Jean in the face with the shotgun and struck her four or five more times while she was on the porch, rendering her unconscious. Jean's injuries included two broken facial bones, a puncture wound, bruises, swelling and broken teeth. Campbell then fled the scene in his vehicle.

Shortly thereafter, Jean regained consciousness and walked to the garage where she observed Alva laying on the floor in a pool of blood. Jean then drove to a neighbor's house, where she reported that Alva was dying.

Hours later, Campbell returned to the Kincaids' house armed with three guns that he had retrieved from his parents' house, where he encountered several police officers. At that time, the officers suspected Campbell was involved in the altercation with the Kincaids. One of the officers yelled that Campbell was armed and all drew their guns on Campbell and ordered him to drop his weapon. Throughout a standoff that lasted nearly thirty minutes, Campbell never fully complied with the officers' commands. To be sure, Campbell refused to submit to a pat down search, and he continued shouting and being uncooperative.

At some point, while several officers were pointing their guns at Campbell, Detective Philip Stowers of the Indiana State Police Department asked, "what is going on?" Tr. p. 251, 819. Campbell then described the events, whereupon he inquired into the Kincaids' condition. Campbell commented that he must have "really f* * * *d them up," that he wished he had raped Jean, and that it was his hope that both of the Kincaids would die. Tr. p. 352, 892. Eventually, the officers rushed Campbell where they were able to subdue and handcuff him.

Campbell was initially charged with two counts of attempted murder on November 9, 2001. A jury trial commenced on July 30, 2002, but, on August 5, 2002, the jury informed the trial court that it was unable to reach a verdict, and a mistrial was declared. Thereafter, on August 29, 2002, the State refiled the charges, adding two additional counts: Burglary Resulting in Bodily Injury, a class A felony, and Battery, a class C felony. However, the State dismissed the battery charge and filed an amendment to the Burglary Resulting in Serious Bodily Injury charge.

Then, on January 27, 2003, the State charged Campbell with Battery, a class C felony, and Aggravated Battery as a class B felony under different cause numbers. Trial by jury was held under the various cause numbers from June 2, 2003, through June 10, 2003. The State did, however, dismiss one of the battery counts on the first day of trial.

In the end, Campbell was convicted of two counts of attempted murder, burglary resulting in bodily injury, a class A felony, aggravated battery, a class B felony, and battery as a class C felony. At the sentencing hearing that was conducted on July 10, 2003, Campbell was sentenced to forty-five year consecutive sentences on each count of attempted murder with five years of each sentence suspended. Campbell was also ordered to serve a forty-year sentence for burglary resulting in serious bodily injury to be served concurrently with the attempted murder sentences. The trial court then merged the battery and aggravated battery convictions with the attempted murder convictions, thus sentencing Campbell to an aggregate term of ninety years with ten of those years suspended.

In considering what sentence to impose, the trial court based Campbell's enhanced sentence upon the following aggravating factors: (1) Campbell had the opportunity to withdraw before attacking Jean; (2) a less than enhanced sentence would depreciate the seriousness of the crime; (3) Campbell is in need of corrective treatment that would best be found in a penal facility due to his prior criminal history — which included convictions for criminal recklessness and criminal mischief — and incarceration and the high risk that he will commit additional offenses; (4) Campbell lacked remorse; (5) he violated a protective order when he committed these offenses; and (6) Campbell has a history of criminal and anti-social behavior that has not been deterred by past legal action. Campbell now appeals.

DISCUSSION AND DECISION

I. Statements Allegedly Made in Violation of Miranda

Campbell first claims that his conviction may not stand in light of the statements that he gave to the police officers while being held at gunpoint. In essence, Campbell contends that the statements he made to Detective Stowers at the scene violated his right against self-incrimination because he had not been issued the Miranda warnings. The State counters, however, that Officer Stowers's inquiry to Campbell at the scene as to "what was going on" was not "meant to be an interrogation and Campbell was ... not in custody." Appellee's Br. p. 6.

In resolving this issue, we first note that the admissibility of evidence is left to the sound discretion of the trial court, and we will review the ruling under an abuse of discretion standard. Wright v. State, 766 N.E.2d 1223, 1229 (Ind.Ct.App.2002). Also, when reviewing a ruling on a motion to suppress a statement, this court examines the evidence most favorable to the trial court's ruling together with any uncontradicted evidence. Id.

We next observe that the warnings set forth in Miranda require a police officer to inform a suspect who is in custody that any statement may be used against him, that he has the right to legal counsel, and that if he cannot afford an attorney one will be appointed for him. See Furnish v. State, 779 N.E.2d 576, 578 (Ind.Ct.App.2002),

trans. denied. The warnings must be issued to any suspect in custody who is subject to interrogation. Id.

This court has determined that an accused is "in custody" and is entitled to the benefit of the Miranda warnings if a reasonable person in the same circumstances...