Charlton v. State, 280S30

• Decision Date: 28 August 1980
• Docket Number: No. 280S30,280S30
• Citation: 274 Ind. 36,408 N.E.2d 1248
• Parties: Richard D. CHARLTON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).
• Court: Indiana Supreme Court

Page 1248

408 N.E.2d 1248

274 Ind. 36

Richard D. CHARLTON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

No. 280S30.

Supreme Court of Indiana.

Aug. 28, 1980.

John F. Surbeck, Jr., Deputy Public Defender, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Kathleen G. Lucas, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Richard D. Charlton, was convicted in a bench trial of robbery, a class A felony, Ind. Code § 35-42-5-1 (Burns 1979 Repl.) and sentenced to twenty years' imprisonment. His only allegation of error is that there is insufficient evidence to support the trial court's finding of guilty.

The evidence most favorable to the state reveals that the victim, a police officer, was patrolling an area in Fort Wayne, Indiana, on the night of September 20, 1978, in an unmarked car. As he was traveling down a street, he noticed what appeared to be a female waving and yelling at him to slow down. He stopped, and the individual, whom the officer identified in court as the defendant dressed in women's clothing, propositioned him. When the officer declined, the defendant drew a gun, ordered him out of his car, and demanded all his money. The officer gave him a five dollar bill. Angry over the small amount, the defendant struck the officer and then took the money as well as the officer's automobile. Defendant was later apprehended in the car by other police officers who searched him and found the five dollar bill.

It is well recognized that in reviewing the sufficiency of the evidence, this Court will not weigh the evidence nor determine the credibility of witnesses but will only view the evidence most favorable to the state and the logical inferences to be drawn therefrom. If there is substantial evidence of probative value to establish every element of the crime, the verdict will not be disturbed. Norris v. State, (1979) Ind., 394 N.E.2d 144; Hill v. State, (1979) Ind., 394 N.E.2d 132.

Defendant first contends that there is insufficient evidence to prove any criminal intent on his part. In support of his argument, he asks us to accept his version of the night's events which made the officer appear as the aggressor and the one who initiated the confrontation. If effect, defendant wants us to reweigh the evidence and to judge the credibility of witnesses. This we cannot do. Knowledge or intent need not be proven by direct, positive evidence but may be inferred from the facts and circumstances presented in each case. Burkhalter v. State, (1979) Ind., 397 N.E.2d 596; Williams v. State, (1979) Ind., 395 N.E.2d 239. There is ample evidence from which the trier of fact could infer that the defendant knowingly committed the robbery as charged. Ind. Code § 35-42-5-1 (Burns 1979 Repl.).

Defendant next challenges his conviction of a class A felony, asserting that the evidence is insufficient to establish that he was armed with a deadly weapon. Robbery, normally a class C felony, becomes a class B felony "if it is committed while armed with a deadly weapon," and a class A felony "if it results in either bodily injury or serious bodily injury to any other person." Ind. Code § 35-42-5-1 (Burns 1979 Repl.). In Cape v. State, (1980) Ind., 400 N.E.2d 161, we held that robbery is a class A felony when it results in bodily injury or serious bodily injury to any other person whether or not the defendant was armed with a deadly weapon. We were of the opinion that the legislature intended the class A and class B felony provisions of Ind. Code §...