Hill v. State
Decision Date | 31 August 1983 |
Docket Number | No. 482S151,482S151 |
Citation | 452 N.E.2d 932 |
Parties | Johnny Monroe HILL, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
Court | Indiana Supreme Court |
Susan K. Carpenter, Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., G. Douglas Seidman, Deputy Atty. Gen., Indianapolis, for appellee.
The Defendant (Appellant) was convicted, after trial by jury, of Robbery, A Class C Felony, Ind.Code Sec. 35-42-5-1 (Burns Supp.1982), and of being an Habitual Offender, Ind.Code Sec. 35-50-2-8 (Burns Supp.1982). He was sentenced to thirty-eight (38) years imprisonment.
This direct appeal presents three (3) issues for review:
1. Whether the evidence is sufficient to support the verdict.
2. Whether the trial court erred in granting the State's motion in limine, which prohibited the mention of the habitual offender charge and the possible sentence therefrom.
3. Whether Ind.Code Sec. 35-50-2-8 (Burns Supp.1982), the Habitual Offender statute, is unconstitutional, as applied to this defendant, in that it violates the Defendant's rights to due process of law and equal protection under the law.
On August 14, 1981, Virginia Bentley was returning to her residence when she was approached from behind by a man who grabbed her purse and fled. Mrs. Bentley gave chase, yelling repeatedly "purse snatcher, purse snatcher." Several local citizens assisted her in the chase which ended in the Defendant's arrest a few minutes later.
* * *
The Defendant challenges the sufficiency of the evidence, arguing that he is the victim of mistaken identification.
This Court has consistently held that a robbery conviction may be sustained on the uncorroborated testimony of one eyewitness. Brown v. State, (1982) Ind., 435 N.E.2d 7, 10; Smith v. State, (1982) Ind., 432 N.E.2d 1363, 1372; Geisleman v. State, (1980) Ind., 410 N.E.2d 1293, 1295. Here three witnesses positively identified the defendant as the man whom they had seen with Mrs. Bentley's purse. Additionally, strong circumstantial evidence connected the defendant with the crime. The evidence is sufficient to support the jury's verdict.
The Defendant next contends that the trial court erred in granting the State's motion in limine, which prohibited the Defendant from informing the jury of the possible habitual offender charge and the sentence therefor. The defendant correctly notes our decisions in Lawrence v. State, (1972) 259 Ind. 306, 286 N.E.2d 830; Gilmore v. State, (1981) Ind., 415 N.E.2d 70; and Harrington v. State, (1981) Ind., 421 N.E.2d 1113, which are contrary to his position. He has not challenged the rationale upon which these decisions were based, nor has he presented any persuasive argument convincing us to overrule our aforementioned prior decisions. Owens v. State, (1981) Ind., 427 N.E.2d 880, 886-87.
The defendant also contends that Ind.Code Sec. 35-50-2-8 (Burns Supp.1982),...
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