Chanley v. State

• Decision Date: 20 December 1991
• Docket Number: No. 87S00-8909-CR-594,87S00-8909-CR-594
• Citation: 583 N.E.2d 126
• Parties: Terry CHANLEY, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 126

583 N.E.2d 126

Terry CHANLEY, Appellant, v. STATE of Indiana, Appellee.

No. 87S00-8909-CR-594.

Supreme Court of Indiana.

Dec. 20, 1991.

Robert Canada, Evansville, for appellant.

Linley E. Pearson, Atty. Gen., Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellee.

KRAHULIK, Justice.

Terry Chanley was convicted by jury of Escape, Ind.Code Ann. Sec. 35-44-3-5 (West 1986), Theft, Ind.Code Ann. Sec. 35-43-4-2 (West 1986), and Robbery, Ind.Code Ann. Sec. 35-42-5-1 (West 1986). He was sentenced to ten years for escape, two years for theft, and 30 years for robbery. He was also found to be an habitual offender, and each sentence was enhanced by 30 years. This case is before us on direct appeal pursuant to Ind.Appellate Rule 4(A)(7) for the enhanced 60 year sentence on the robbery conviction. We affirm the convictions for escape, theft, and robbery, and the habitual offender finding.

Chanley raises the following issues:

(1) Whether the trial court erred in refusing to grant a challenge for cause;

(2) Whether the trial court erred in denying Chanley's motion in limine relative to his conviction and escape from a Kentucky penal facility;

(3) Whether the trial court erred in refusing to instruct the jury on the lesser included offense of conversion;

(4) Whether exhibit 33, relating to Chanley's prior convictions, was improperly certified;

(5) Whether Chanley was properly found to be an habitual offender when one of four prior felonies alleged did not meet the statutory criteria; and

(6) Whether he was properly sentenced.

The facts are as follows. On December 12, 1987, Chanley escaped from the Blackburn Correctional Complex in Lexington, Kentucky. On January 8, 1988, Indiana State Police trooper O'Daniel was travelling westbound on I-64 near the Lynnville exit when activity on the other side of the interstate attracted his attention. The trooper crossed the median, and observed two men standing in the snow. One of them, whom the trooper later learned to be Carl Cole, appeared to be highly intoxicated as the trooper observed him fall on his face in the snow. The other, who also appeared intoxicated, was Chanley. The trooper then observed a small car down in the roadside ditch, and in it, he found a third person, James Lynch, who was also obviously intoxicated. He led Lynch back to where the others were standing.

After the three men agreed that Cole had been driving, the trooper informed them that they were under arrest and directed them to get into his patrol car. The trooper attempted to obtain identification information from the men, and after observing their demeanor, he began to suspect they were being deceptive. Feeling certain that Cole could not pass a blood alcohol test, he advised the men that Cole would have to go to jail because he had been driving, but that if everything else was all right, Lynch and Chanley could call someone to pick them up at the jail, rather than being locked up.

While still in the police vehicle, Cole advised the trooper that he needed to relieve himself, got out of the car, and again fell down in the snow. As the trooper assisted Cole, Chanley became agitated, leapt into the driver's seat of the patrol car, and drove away. The trooper was able to partially enter the car by lunging through the open driver's side door, grabbing the steering wheel, and scuffling with Chanley, but, eventually he fell out of the car. A few moments later, he observed the car stuck in the median 20 or 30 yards away and saw Chanley running from the car.

Later in the day, someone stole a truck belonging to E & M Coal in Lynnville, Indiana, which was recovered a short time later in Crawford County. Footprints found in the snow where the truck was stolen matched those found where the truck was recovered. Police found Chanley, wearing shoes which matched both sets of footprints, in a culvert near where the truck had been abandoned. A set of keys to the stolen truck was also found in the culvert. Chanley gave a statement admitting that he had taken the trooper's car and had fled on foot after it stopped in the median.

Challenge of Juror for Cause

At trial, Chanley challenged for cause prospective juror Hansen because of comments she made during voir dire relating to a person's consumption of alcoholic beverages. Juror Hansen indicated that although she didn't really disapprove of drinking, she did not approve of drinking to excess, and although she would try very hard for her feelings concerning alcohol not to enter into her judgment, she could not honestly say that they would not affect her judgment in a close case. She stated that unless the drinking were a major issue in the case, the consumption of alcohol would not have any bearing on her decision-making process. She was absolutely certain that in the case of a person charged with theft, she would not vote for a verdict of guilty unless she were convinced that the person had in fact committed the act, even if the person had been drinking. She Chanley's challenge for cause to juror Hansen was denied, so he used a peremptory challenge to excuse her. Eventually, Chanley exhausted his peremptory challenges and requested an additional one to challenge another juror. The court denied the motion.

did not feel that she was biased or prejudiced in any way against Chanley, and believed that she would be able to render an impartial verdict based upon the law and the evidence as it was presented to her in the courtroom and as she was instructed by the court.

Chanley urges that his challenge for cause of prospective juror Hansen should have been sustained because she was biased and prejudiced against him as a result of his consumption of alcohol. Chanley relies on Swigart v. State (1879), 67 Ind. 287, and Campbell v. State (1989), Ind., 547 N.E.2d 843. Swigart involved a prosecution for keeping a licensed saloon in a disorderly manner and a juror who stated his belief that a person engaged in the sale of liquor was immoral. Thus, in Swigart, the trial was one where the sale of liquor was an important issue and the juror professed a firm aversion to those in the defendant's class on moral grounds. In Campbell, the prospective juror had "strong unyielding" opinions regarding criminals, including the notion that they should be excommunicated and exiled to a distant land. He had also been involved in circulating a petition to have all criminals expelled from the city limits of Gary. This Court concluded that although the juror said that he was willing to give the defendant a fair trial and listen to the evidence this "was less than convincing considering his very strong personal feelings and philosophies on the subject." 547 N.E.2d at 844.

We find this case distinguishable from Swigart and Campbell. Here, consumption of alcohol was not an element of the crimes charged and was not a significant issue at the trial. When the prosecutor pointed out that none of the elements of the crimes charged related to alcohol, Juror Hansen stated that she could fairly and impartially judge the evidence. We find nothing in the record to suggest that Hanson's opinions regarding consumption of alcohol approach the level of the "strong unyielding" opinions expressed by the juror in Campbell. She informed the court that she would not vote for a verdict of guilty unless she were convinced beyond a reasonable doubt that Chanley had in fact committed the acts charged, and that she would be able to render an impartial verdict based on the law and the evidence. The granting or denial of a challenge for cause is committed to the sound discretion of the trial court, and we reverse only upon an abuse of that discretion. Woolston v. State (1983), Ind., 453 N.E.2d 965, 967. Here, the trial judge was in the best position to observe Hansen and to judge the credibility of her statements. We do not discern any abuse of discretion in this case.

Admission of Evidence Relating to Prior Criminal Activity

Chanley argues that the trial court erred in denying his motion in limine which, if granted, would have precluded the prosecutor from soliciting evidence of Chanley's conviction and escape from the Kentucky penal facility. The trial court ruled that evidence of Chanley's escape from the Kentucky penal facility was admissible to show motive. Chanley claims that because motive was not at issue during the trial--Chanley did not contest that he had committed the acts alleged, but only contested whether he was legally in police custody at the time he committed them--evidence of motive was not relevant.

Although, generally, evidence of other crimes committed by a defendant is irrelevant and prejudicial and, therefore, not admissible, Biggerstaff v. State (1977), 266 Ind. 148, 152, 361 N.E.2d 895, 897, evidence of other crimes committed by a defendant may be admissible as proof of the defendant's motive. Webb v. State (1983), Ind., 453 N.E.2d 180, 187, cert. den. 465 U.S. 1081, 104 S.Ct. 1449, 79 L.Ed.2d 767. Moreover, motive is always relevant in the proof of a crime. Id.

Chanley was arrested for public intoxication, a relatively minor charge, and had been advised by trooper O'Daniel that he might be released without charges if everything were in order. Logically, there would seem to be no reason for Chanley to drive away in the trooper's car and to steal another vehicle, unless the jury also knew that a search for outstanding warrants would reveal he was an escapee. Therefore, his status as an escapee made his subsequent actions more understandable for the jury. In addition, evidence of his status was relevant to his intent to do whatever was necessary to remain free, including the taking of two vehicles, and to his intent to deprive the owners of the vehicles of the use and value of the vehicles he took. We conclude that the court properly admitted evidence of his Kentucky incarceration and escape therefrom.

Instructions on Lesser Included Offense

Chanley argues that...