Fleck v. State, 49S04-8706-CR-542
| Decision Date | 03 June 1987 |
| Docket Number | No. 49S04-8706-CR-542,49S04-8706-CR-542 |
| Citation | 508 N.E.2d 539 |
| Court | Indiana Supreme Court |
| Parties | Barry J. FLECK, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). |
This cause comes to us on a Petition to Transfer from the Fourth District Court of Appeals brought by Appellee State of Indiana.
Defendant-Appellant Barry Fleck appealed his jury convictions of theft and criminal trespass, raising solely sufficiency of the evidence to support his convictions. The Court of Appeals affirmed the theft conviction. No question is raised regarding that conviction in this petition and we therefore do not consider it.
The Petition to Transfer challenges the finding by the Court of Appeals that there was insufficient evidence to support the conviction for criminal trespass. We agree with Petitioner State of Indiana that the evidence was sufficient to support Fleck's conviction for criminal trespass. We therefore vacate the Court of Appeals opinion regarding the criminal trespass conviction and affirm the trial court.
The evidence showed Security Guard Debbie Shinkle observed Fleck remove a car radio from a "blister pack," conceal the radio in his trousers at the belt line, and attempt to leave the store with it. Fleck was apprehended by Shinkle and another Target employee in the parking lot of the store. The evidence further showed Fleck had committed, or attempted to commit, theft in this particular Target store on previous occasions. On May 15, 1985, Joseph Milton, head of this store's security department talked to Fleck in the security office. Milton testified he ordered Fleck not to return to the store and not to come onto the premises, and that if Fleck did return, he would be prosecuted for shoplifting. Milton testified Fleck indicated he understood what he was told.
Count II of the Information filed against Fleck charged that he committed criminal trespass to real property in that he knowingly entered the real property of the Dayton-Hudson Corporation, d/b/a Target, after being denied entry by means of an oral personal communication given by Joseph Milton, the said Barry Fleck not having a contractual interest in the property. The only issue raised by Fleck is that there was insufficient evidence to show he lacked a contractual interest in the property, a material element of the offense.
In reviewing questions of sufficiency, we neither weigh the evidence nor judge the credibility of witnesses but look only to the evidence most favorable to the State and all reasonable inferences drawn therefrom. If there is...
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Semenick v. State
...a defendant might have obtained in the real property at issue.” Lyles v. State, 970 N.E.2d 140, 143 (Ind.2012) (quoting Fleck v. State, 508 N.E.2d 539, 541 (Ind.1987)). “[T]he State satisfies its burden when it disproves those contractual interests that are reasonably apparent from the cont......
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Sayles v. State, 49A02-8702-CR-66
...if substantial evidence of probative value exists to support each element of the conviction beyond a reasonable doubt. Fleck v. State (1987), Ind., 508 N.E.2d 539, 540; Fox v. State (1987), Ind., 506 N.E.2d 1090, 1097. We neither reweigh the evidence nor judge witness credibility, and only ......
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Lyles v. State, 49S02–1201–CR–49.
...neither reweighs the evidence nor judges the credibility of the witnesses as this is the exclusive province of the jury. Fleck v. State, 508 N.E.2d 539, 540 (Ind.1987); Deal v. State, 140 Ind. 354, 356–61, 39 N.E. 930, 930–32 (1895) (establishing standard of review for claims of insufficien......
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Staley v. State
...if substantial evidence of probative value exists to support each element of the conviction beyond a reasonable doubt. Fleck v. State (1987), Ind., 508 N.E.2d 539, 540; Fox v. State (1987), Ind., 506 N.E.2d 1090, 1097. We neither reweigh the evidence nor judge witness credibility, and only ......