Deneal v. State

• Decision Date: 09 October 1984
• Docket Number: No. 284S49,284S49
• Citation: 468 N.E.2d 1029
• Parties: Michael Landon DENEAL, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 1029

468 N.E.2d 1029

Michael Landon DENEAL, Appellant, v. STATE of Indiana, Appellee.

No. 284S49.

Supreme Court of Indiana.

Oct. 9, 1984.

John C. Skinner, Crown Point, for appellant.

Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was convicted by a jury of Battery, a class C felony, and Robbery, a class B felony. He was sentenced to serve concurrent terms of eight (8) years and eighteen (18) years for the respective offenses.

The facts are: In the early morning hours of May 4, 1983, Robert Jakich and Ray Hill drove to a street corner in Gary where they engaged the services of two prostitutes. The women got into Jakich's motor home. Jakich drove to a nearby parking lot and stopped the vehicle.

Approximately fifteen minutes later appellant entered the motor home. Armed with a revolver, he demanded money and Jakich's and Hill's wallets. Appellant pulled Jakich down from an upper bunk and struck him three times with the revolver. Jakich managed to pull out his handgun, and proceeded to fight with appellant. Appellant sustained several gunshot wounds in the struggle, but was able to take Jakich's gun away and inflict further injury.

Appellant, along with the two women, then fled. Hill reported the incident to the police, who called St. Mary's Medical Center to determine if any gunshot victims had been admitted. Thomas Candiano, an off-duty Gary police officer employed as a security guard at the hospital, discovered that appellant had been admitted for treatment.

Candiano spoke briefly with appellant, who refused to divulge the identity of the individual who had shot him. Candiano recognized the two females in appellant's room as prostitutes, and left to call in for any outstanding warrants. One of the females ran when she realized that she knew Candiano. She was apprehended by Candiano, while the other female was apprehended by a backup officer, Dennis Farias. Both women were placed under arrest.

As the officers were escorting them across the hospital parking lot, one of the women inquired about her car. Candiano told her the car would be towed, at which point the second woman gave Candiano the keys to the car. As Candiano approached the car to take the license plate number and conduct a routine inventory search, he perceived what he believed to be blood on the trunk lid. He opened the trunk with the key given to him and discovered items taken during the robbery. These items were placed in police custody.

At the outset we note that appellant has listed eight issues in his brief under the Statement of Issues. They are basically those enumerated in his Motion to Correct Errors. Of the eight issues so raised, five are not discussed in the Argument section of his brief. These unargued issues are deemed waived. Ind.R.App.P. 8.3(A)(7); Morlan v. State, (1981) Ind., 429 N.E.2d 240; Lock v. State, (1980) 273 Ind. 315, 403 N.E.2d 1360.

Appellant first claims that there was insufficient evidence to support the jury's verdicts. He asserts that the State did not prove the element of intent under either count. Appellant has also alleged error in the trial court's denial of his motion for directed verdict, which we combine with the issue of sufficiency of the evidence. Ind.R.App.P. 8.3(A)(7).

We will not weigh the evidence nor judge the credibility of witnesses. Smith v. State, (1982) Ind., 429 N.E.2d 956; Sloan v. State, (1980) Ind., 408 N.E.2d 1264.

"A person who knowingly or intentionally touches another person in a rude, insolent or angry manner commits battery, a Class B misdemeanor." Ind.Code Sec. 35-42-2-1 (West 1984 Supp.). The offense rises to the level of a class C felony "if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon." Ind.Code Sec. 35-42-2-1(3) (West 1984 Supp.).

The trier of fact may employ reasonable inferences based upon an examination of the circumstances surrounding an act to conclude it was committed with the requisite intent. Washington v. State, (1982) Ind., 441 N.E.2d 1355; Norris v. State, (1981) Ind., 419 N.E.2d 129. Here, appellant unexpectedly entered Jakich's motor home openly brandishing a handgun. After pulling Jakich down from the upper bunk, he struck him with the revolver and kicked him. He put the revolver in Jakich's mouth. As a result of appellant's acts, Jakich sustained a concussion, broken nose, broken finger, bruises, contusions and a cut in the mouth. The jury could reasonably infer that appellant intentionally committed battery.

As to the robbery, there was direct evidence relating to the element of intent. Jakich testified that appellant entered the motor home and "told us to give him our money and wallet." He also testified that appellant forcibly took his handgun from him. Hill testified that when appellant came into the vehicle he said, "[T]his is a hold-up. I want your money." Hill further stated that appellant...