Harrison v. State, No. 1184S447

Docket NºNo. 1184S447
Citation496 N.E.2d 49
Case DateAugust 06, 1986
CourtSupreme Court of Indiana

Page 49

496 N.E.2d 49
David HARRISON, Appellant,
v.
STATE of Indiana, Appellee.
No. 1184S447.
Supreme Court of Indiana.
Aug. 6, 1986.

Page 50

Aaron E. Haith, Choate, Visher & Haith, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., and Lisa M. Paunicka, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-Appellant David Harrison was convicted at the conclusion of a jury trial in the Marion County Superior Court of theft, a class D felony, and of being an habitual offender. He was sentenced to two (2) years for theft, enhanced by thirty (30) years due to the habitual offender finding. On direct appeal he raises the following issues:

1. sufficiency of the evidence;

2. jury instructions;

3. admission of State's Exhibit No. 1;

4. assistance of counsel; and

5. the habitual offender procedure.

On April 26, 1983, Cynthia Collins heard glass breaking, and observed Appellant entering an adjacent residence through a window. Collins watched Appellant enter and leave the residence while he carried various items to his apartment building. Police Officers Severeid and Jorman responded to the related police dispatch, but entered the wrong apartment building. There, they noticed a partially open door, knocked and announced their presence, and entered the apartment. The officers observed Appellant, Reggie Blanton, and Peter Strickland.

Page 51

They also noted a camera, jewelry boxes, leather coats, and kitchen utensils. The three denied any involvement in a burglary. Jorman returned to her vehicle and received the correct address of the adjacent building which had been burglarized. She proceeded there, where the victim informed her of what was missing. Jorman radioed this information to Severeid, who noticed the description of the stolen items matched the items in Appellant's apartment. Appellant was arrested and the victim identified the property as belonging to him. Strickland and Blanton meanwhile left Appellant's apartment, but later were discovered in possession of the victim's camera. Blanton advised the police that Appellant had broken into the victim's home and had encouraged Blanton to participate. Blanton further told the police that the coats, jewelry boxes, and camera were not in Appellant's apartment earlier that day, and that Appellant had given him the camera and told him to sell it.
I

Appellant first attacks the sufficiency of evidence for his conviction for theft. He maintains that because he was acquitted of the burglary charge arising from the same set of facts, the jury "clearly" did not believe the witnesses, and therefore should have acquitted him of theft also.

In Wallace v. State (1986), Ind., 492 N.E.2d 24, we stated:

"It has long been held that this Court will not speculate as to the wisdom, motive, or reasoning of the jury in reaching its verdict. Crabtree v. State (1968), 250 Ind. 645, 646-647, 238 N.E.2d 456, 457; Armstrong v. State (1967), 248 Ind. 396, 400, 229 N.E.2d 631, 634; See also Grimm v. State (1980), 273 Ind. 21, 25, 401 N.E.2d 686, 688-689. We have further held while there may be various reasons for inconsistencies in jury verdicts, such verdicts cannot be upset by speculation or inquiry into such matters. Wireman v. State (1982), Ind., 432 N.E.2d 1343, 1351, reh. denied (1982), U.S. cert. denied (1982), 459 U.S. 992, 103 S.Ct. 350, 75 L.Ed.2d 389."

The evidence related above clearly is sufficient to sustain the jury's verdict for theft.

Appellant further claims insufficiency of evidence in the habitual offender finding. The following evidence of two prior felony convictions was offered to establish that Appellant was an habitual offender: 1) Appellant's fingerprint records, photographs, reasons for arrests, and other sundry information relating to convictions for violation of the 1935 Narcotic Act (1971), and for theft (1980); 2) the charging informations for said convictions; 3) order book entries for each conviction; and 4) commitment orders for each conviction. Furthermore, State's Witness Roadruck analyzed Appellant's fingerprints, taken subsequent to his arrest on the present charges, and concluded they were the fingerprints of the same David Harrison previously convicted for violation of the 1935 Narcotics Act and for theft. This evidence is sufficient to sustain the jury's finding that Appellant is an habitual offender. Russell v. State (1986), Ind., 489 N.E.2d 955, 957.

II

Appellant next alleges the trial court erred in refusing his Tendered Instructions Nos. 1, 4, 7, and 10.

Tendered Instruction No....

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8 practice notes
  • May v. State, No. 1084S383
    • United States
    • Indiana Supreme Court of Indiana
    • December 31, 1986
    ...certain amount of cross-examination is sufficient is a tactical decision to be made by the attorney. See Harrison v. State (1986), Ind., 496 N.E.2d 49, 53. A review of Defense Counsel's cross-examination of Smith shows he published her deposition and repeatedly used it to impeach her trial ......
  • Henderson v. State, No. 71S00-8604-CR-392
    • United States
    • Indiana Supreme Court of Indiana
    • March 9, 1989
    ...found. While mere presence at the scene of a crime is not sufficient in and of itself to establish guilt, Harrison v. State (1986), Ind., 496 N.E.2d 49, we find the evidence here sufficient to support a reasonable inference that the gun existed and that defendant was the The defendant also ......
  • Harrison v. State, No. 49A02-9006-PC-310
    • United States
    • Indiana Court of Appeals of Indiana
    • July 22, 1991
    ...sought permission from the supreme court which denied his motion. Following the affirmance of his conviction by the supreme court, 496 N.E.2d 49, Harrison brought the present P-CR petition. Harrison alleged that he was denied his right to be present at all stages of the proceedings against ......
  • Little v. State, No. 1184S448
    • United States
    • Indiana Supreme Court of Indiana
    • December 24, 1986
    ...will not be an indication of ineffective assistance of counsel absent an express showing to the contrary. Harrison v. State (1986), Ind., 496 N.E.2d 49, 53. Appellant has failed to make the showing of incompetence and prejudice contemplated in Strickland v. Washington (1984), 466 U.S. 668, ......
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8 cases
  • May v. State, No. 1084S383
    • United States
    • Indiana Supreme Court of Indiana
    • December 31, 1986
    ...certain amount of cross-examination is sufficient is a tactical decision to be made by the attorney. See Harrison v. State (1986), Ind., 496 N.E.2d 49, 53. A review of Defense Counsel's cross-examination of Smith shows he published her deposition and repeatedly used it to impeach her trial ......
  • Henderson v. State, No. 71S00-8604-CR-392
    • United States
    • Indiana Supreme Court of Indiana
    • March 9, 1989
    ...found. While mere presence at the scene of a crime is not sufficient in and of itself to establish guilt, Harrison v. State (1986), Ind., 496 N.E.2d 49, we find the evidence here sufficient to support a reasonable inference that the gun existed and that defendant was the The defendant also ......
  • Harrison v. State, No. 49A02-9006-PC-310
    • United States
    • Indiana Court of Appeals of Indiana
    • July 22, 1991
    ...sought permission from the supreme court which denied his motion. Following the affirmance of his conviction by the supreme court, 496 N.E.2d 49, Harrison brought the present P-CR petition. Harrison alleged that he was denied his right to be present at all stages of the proceedings against ......
  • Roland v. State, No. 484S122
    • United States
    • Indiana Supreme Court of Indiana
    • December 15, 1986
    ...at trial requires a reversal of the conviction; there must be some showing of prejudice to Appellant. Harrison v. State (1986), Ind., 496 N.E.2d 49, 52. Appellant alleges this error denied him a fair trial, yet makes no showing of why this is so. Carter's testimony was brief, and, to a grea......
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