Dean v. State, No. 579S127

Docket NºNo. 579S127
Citation272 Ind. 446, 398 N.E.2d 1270
Case DateJanuary 23, 1980
CourtSupreme Court of Indiana

Page 1270

398 N.E.2d 1270
272 Ind. 446
Rodney DEAN, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 579S127.
Supreme Court of Indiana.
Jan. 23, 1980.

[272 Ind. 447]

Page 1271

Michael A. Howard, Smith, Pearce & Howard, Bruce Boje, Castor Richards, Adams & Boje, Noblesville, for appellant.

Theodore L. Sendak, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Rodney Dean, was convicted by a jury of rape, a class A felony, Ind.Code § 35-42-4-1(a) (Burns 1979 Repl.); criminal deviate conduct, a class A felony, Ind.Code § 35-42-4-2(a) (Burns 1979 Repl.); attempted criminal deviate conduct, a class A felony, Ind.Code § 35-41-5-1 (Burns 1979 Repl.); and confinement, a class B felony, Ind.Code § 35-42-3-3 (Burns 1979 Repl.). He was sentenced to three terms of fifty years and one term of two years all to be served concurrently and now raises the following four issues on appeal:

1. Whether there was sufficient evidence to show that the alleged acts were committed by using the threat of imminent force or while armed with a deadly weapon;

2. Whether it was error for the trial court to overrule defendant's objection to a question asked during the cross-examination of defendant's witness, Cheryl Mynatt;

3. Whether the trial court erred in sustaining the state's objection to questions asked of one witness during the sentencing hearing; and

4. Whether the trial court erred in sentencing the defendant.

[272 Ind. 448] A summary of the facts from the record most favorable to the state shows that on January 5, 1978, Cheryl Mynatt called the victim, Mrs. Shelli Walker, who was her sister, and asked if she would ride to Muncie, Indiana, with her and her boyfriend, the defendant. Mrs. Walker agreed but did not realize Cheryl would not be returning to Indianapolis right away. Mrs. Walker needed to be back in Indianapolis, so she rode back alone with defendant. At one point on this return trip, defendant pulled over to the side of the road, held a knife to Mrs. Walker's back and forced her to submit to sexual intercourse and oral sex. He also attempted to have forced anal sex with her. Mrs. Walker testified that defendant made repeated threats that he would kill her, her husband and her sister if she did not comply with his demands, and he would not permit her to leave the car following the attack.

I.

Defendant first contends that there was insufficient evidence to show that the crimes charged were committed by threatening the use of deadly force or while armed with a deadly weapon. However, the testimony of the victim clearly established that defendant held a knife to her at various times throughout the ordeal and threatened to kill her, her husband, and her sister. Defendant argues that this is not enough evidence to show that the knife was used at All times during the crime and therefore cannot sustain the conviction for a class A felony.

There is no merit to this contention since it has been clearly established that it is not necessary for a weapon to be held on the victim of a sex crime at all times in order to establish duress. Critchlow v. State, (1976) 264 Ind. 458, 346 N.E.2d 591. The statutes under which defendant was charged state that the offenses are class A felonies if they are committed "by using or threatening the use of deadly force, or while armed with a deadly weapon." Ind.Code §§ 35-42-4-1 and 35-42-4-2 (Burns 1979 Repl.). In this case, there was ample evidence to establish threats of deadly force, the use of deadly force, and being armed with a deadly weapon, a knife. This is sufficient to sustain the convictions for class A felonies.

II.

...

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23 practice notes
  • Dorton v. State, No. 380S62
    • United States
    • Indiana Supreme Court of Indiana
    • May 6, 1981
    ...and accordingly to increase or to decrease the fixed term of ten years as provided by the statute. Dean v. State, (1980) Ind., 398 N.E.2d 1270. Appellant also contends that the trial court's "mandate" that he serve his time in a maximum security facility usurped a function vested by the leg......
  • Plan-Tec, Inc. v. Wiggins, PLAN-TE
    • United States
    • Indiana Court of Appeals of Indiana
    • January 11, 1983
    ...to the subject matter covered in direct examination...." Walker v. State, (1982) Ind., 442 N.E.2d 696; Dean v. State, (1980) Ind., 398 N.E.2d 1270, 1272. As no testimony on direct examination covered social security benefits, the court did not abuse its discretion in so limiting cross-exami......
  • Forrester v. State, No. 580S146
    • United States
    • Indiana Supreme Court of Indiana
    • October 7, 1982
    ...for a Class A felony, it is not necessary that the weapon be held on the victim of a sex crime at all times. Dean v. State, (1980) Ind., 398 N.E.2d 1270, 1272. The evidence is sufficient to allow the jury to find that Defendant was armed. Taylor v. State, supra; Deel v. State, (1976) 265 In......
  • Anderson v. State, No. 483S108
    • United States
    • Indiana Supreme Court of Indiana
    • July 31, 1984
    ...provided by the statute. Lang v. State, (1984) Ind., 461 N.E.2d 1110; Dorton v. State, (1981) Ind., 419 N.E.2d 1289; Dean v. State, (1980) 272 Ind. 446, 398 N.E.2d Here, the record shows that the trial court did consider the facts of the specific crime and the applicable mitigating and aggr......
  • Request a trial to view additional results
23 cases
  • Dorton v. State, No. 380S62
    • United States
    • Indiana Supreme Court of Indiana
    • May 6, 1981
    ...and accordingly to increase or to decrease the fixed term of ten years as provided by the statute. Dean v. State, (1980) Ind., 398 N.E.2d 1270. Appellant also contends that the trial court's "mandate" that he serve his time in a maximum security facility usurped a function vested by the leg......
  • Plan-Tec, Inc. v. Wiggins, PLAN-TE
    • United States
    • Indiana Court of Appeals of Indiana
    • January 11, 1983
    ...to the subject matter covered in direct examination...." Walker v. State, (1982) Ind., 442 N.E.2d 696; Dean v. State, (1980) Ind., 398 N.E.2d 1270, 1272. As no testimony on direct examination covered social security benefits, the court did not abuse its discretion in so limiting cross-exami......
  • Forrester v. State, No. 580S146
    • United States
    • Indiana Supreme Court of Indiana
    • October 7, 1982
    ...for a Class A felony, it is not necessary that the weapon be held on the victim of a sex crime at all times. Dean v. State, (1980) Ind., 398 N.E.2d 1270, 1272. The evidence is sufficient to allow the jury to find that Defendant was armed. Taylor v. State, supra; Deel v. State, (1976) 265 In......
  • Anderson v. State, No. 483S108
    • United States
    • Indiana Supreme Court of Indiana
    • July 31, 1984
    ...provided by the statute. Lang v. State, (1984) Ind., 461 N.E.2d 1110; Dorton v. State, (1981) Ind., 419 N.E.2d 1289; Dean v. State, (1980) 272 Ind. 446, 398 N.E.2d Here, the record shows that the trial court did consider the facts of the specific crime and the applicable mitigating and aggr......
  • Request a trial to view additional results

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