Grigsby v. State, 49A02-1105-CR-446
| Decision Date | 04 January 2012 |
| Docket Number | No. 49A02-1105-CR-446,49A02-1105-CR-446 |
| Parties | DESHAWN GRIGSBY, Appellant-Defendant, v. STATE OF INDIANA, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT:
LISA M. JOHNSON
GREGORY F. ZOELLER
Attorney General of Indiana
JODI KATHRYN STEIN
Deputy Attorney General
Indianapolis, Indiana
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Grant Hawkins, Judge
MEMORANDUM DECISION - NOT FOR PUBLICATIONFRIEDLANDER, Judge Following a jury trial, Deshawn Grigsby was convicted of Felony Murder,1 Attempted Robbery2 as a class A felony, and two counts of Robbery3 as class B felonies. The trial court subsequently sentenced Grigsby to concurrent terms of fifty-five years with five years suspended, fifty years, and ten years on each count of robbery, respectively. Grigsby presents four issues for our review:
We affirm in part, reverse in part, and remand with instructions.
During the late morning/early afternoon of February 3, 2010, sixteen-year-old Grigsby, along with sixteen-year-old Terry York and seventeen-year-old Kenneth Luckett, stopped by the residence of Terry "Pops" Bonds and Phyllis "Ma" Scisney at East 38th Place in Indianapolis. Transcript at 327. Although not married, Bonds and Scisney had been together for over thirty years. Their son, Michael, his girlfriend Robin Ice, and their three young children lived across the street from the Bonds/Scisney residence. The Bonds/Scisney family knew Grigsby from around the apartment complex and Grigsby had approached Robinin the past about doing his hair. On this particular day, Grigsby had several white and blue beads in his hair.
Grigsby, York, and Luckett had stopped by the Bonds/Scisney residence that afternoon because they wanted to play dice. Bonds agreed. Also present at the residence were Derrick Hardaway, a family friend, and Roosevelt Harris, a neighbor. Phyllis, Robin, and Robin's children were in and around the home as well. During the dice game, Bonds spread out his cash, approximately $1500 to $2000, on the floor. Bonds quickly lost $40 to York, so he called Phyllis in from the kitchen and she successfully won it back. Shortly after the dice game began, Michael returned from a run to the liquor store. Michael recognized York from an incident he was involved in a few weeks before and he told his father that York was the person with whom he had had a confrontation. Bonds promptly ended the dice game, and Grigsby, York, and Luckett left.
The Bonds/Scisney family remained together most of the day, drinking and smoking marijuana. At approximately 11:30 p.m., Michael left to get more marijuana. Bonds was in the kitchen with Roosevelt, and Hardaway was in the living room with Robin and her youngest child. Phyllis was upstairs where Robin's two older children were asleep. Five minutes after Michael left, Grigsby knocked on the door to the Bonds/Scisney residence and Hardaway answered. Grigsby, York, and Luckett inquired about another dice game. Hardaway rejected their invitation and started to close the door. The three young men kicked open the door and rushed in as York fired two shots from a .32 caliber handgun. Grigsby and Luckett grabbed Hardaway and began hitting him with their fists as Hardaway struggled toget away and move toward the kitchen. York demanded to know where the money was. Phyllis heard the commotion downstairs and hid behind her bedroom door with a gun.
York and Grigsby entered the kitchen and Bonds stood up and asked what was going on. York shot Bonds twice in the back, and Bonds fell to the floor. Grigsby then rummaged through Bonds's pockets, but found no money. Grigsby and York then returned to the living room, while Luckett blocked the entrance to the kitchen. York approached Robin, placed the gun to her head, and ordered her upstairs. Robin called out to Phyllis and warned her that there were "bad men at the door with guns." Id. at 461. Phyllis quickly put the money and the gun under the mattress and opened the bedroom door. York confronted Phyllis with his handgun and demanded, "Give me the money bitch" and "where is the money at bitch"? Id. at 307, 621. York walked Phyllis over to the dresser, emptied the drawers, and looked through her prescription pill bag. Robin remained in the hallway with Grigsby. When York did not find the money, he threatened Phyllis that he would shoot her if she did not "quit playing." Id. at 622. Phyllis told York that she needed to find her purse, so York pushed her back downstairs. Grigsby and Robin followed.
As Phyllis was looking around for her purse, she kept trying to see Bonds in the kitchen, and all the while, York continued to yell at Phyllis, repeatedly demanding that she give him the money. York placed the gun to Phyllis's head and again told her to "quit playing, bitch, you think I won't kill you." Id. at 623. Robin begged York not to shoot Phyllis and also begged for Phyllis to give York the money. York then took Phyllis back upstairs, and claimed, "bitch you know where the f'in money's at." Id. at 465. Grigsby pushed Robin back upstairs. York then pointed his gun at the children and threatened to killthem. York yelled that he would kill the one-year-old first and then come back and kill Phyllis. Robin begged for Phyllis to give York the money before he killed her children. Phyllis finally relented and told York she would give him the money if he promised not to kill her grandkids. When Phyllis handed York the money, York hit Phyllis on the back of her head with a handgun. Grigsby told York, "come on man, we got what we came for, come on." Id. at 627. As he was leaving, York kissed Robin on her forehead.
York and Grigsby went back downstairs and met up again with Luckett. The three young men could not, however, open the front door. Robin had to open the front door for them, and then the three young men ran off. A short time later, Robin discovered that her identification card and debit card were missing from her purse. Bonds died as a result of the two gunshot wounds to his back; one of the bullets entered his shoulder and passed through his left lung and also through his aorta.
On February 9, 2010, the State charged Grigsby with Count II, felony murder, Count III, attempted robbery as a class A felony, Count IV, conspiracy to commit robbery as a class A felony, and Counts V, VI, and VII, robbery as class B felonies.4 Grigsby moved for discharge on March 28, 2011, which motion was denied at a hearing on April 6, 2011. A joint jury trial for Grigsby, York, and Luckett was held from April 11-13, 2011. At the close of the State's case, the State withdrew Count VII against all three defendants. The jury found Grigsby and York guilty of all charges and Luckett not guilty of all charges. The trial court held a sentencing hearing on April 28, 2011. As to Grigsby, the trial court dismissed CountIV and then imposed sentences on the remaining counts. Specifically, the trial court sentenced Grigsby to concurrent terms of fifty-five years with five years suspended for felony murder; fifty years for class A felony attempted robbery; and ten years on each of counts V and VI, for a total aggregate sentence of fifty-five years. Grigsby now appeals.
1.
Grigsby argues that his right to a speedy trial under the United States and Indiana Constitutions was violated when he was tried, over his objection, more than one year after his arrest. Grigsby maintains that a significant portion of the delay in bringing him to trial was not attributable to him or to court congestion. Grigsby also argues that discharge was required by Crim. R. 4(C).
We review a trial court's ruling on a Crim. R. 4 motion for an abuse of discretion. Smith v. State, 802 N.E.2d 948 (Ind. Ct. App. 2004). An abuse of discretion occurs if the trial court's decision is clearly against the logic and effects of the facts and circumstances before it. Palmer v. State, 704 N.E.2d 124 (Ind. 1999). Furthermore, when a trial court schedules a trial beyond the one-year limit, the defendant must make a timely objection to the trial date or waive his right to a speedy trial. Cole v. State, 780 N.E.2d 394 (Ind. Ct. App. 2002).
The right of an accused to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and by article 1, section 12 of the Indiana Constitution. Clark v. State, 659 N.E.2d 548 (Ind. 1995). This "fundamental principle of constitutional law" haslong been zealously guarded by our courts. Id. at 551. Thus, the State has an affirmative duty to pursue prosecution of criminal defendants. Fisher v. State, 933 N.E.2d 526 (Ind. Ct. App. 2010). Such duty arises out of the criminal defendant's constitutional right to a speedy trial.
In Indiana, Crim. Rule 4 (C) implements the constitutional right of a criminal defendant to a speedy trial by establishing time limits and providing for discharge in the event that limits are exceeded. Specifically, Crim. R. 4(C) provides:
No person shall be held on recognizance or otherwise to answer a criminal charge for a period in aggregate embracing more than one year from the date the criminal charge against such defendant is filed, or from the date of his arrest on such charge, whichever is later; except where a continuance was had on his motion, or the delay was caused by his act, or where there was not sufficient time to...
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