Jackson v. State
| Decision Date | 22 November 2010 |
| Docket Number | No. 79A02-0912-CR-1230.,79A02-0912-CR-1230. |
| Citation | 938 N.E.2d 29 |
| Parties | Levie S. JACKSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Levie S. JACKSON, Appellant-Defendant,
v.
STATE of Indiana, Appellee-Plaintiff.
No. 79A02-0912-CR-1230.
Court of Appeals of Indiana.
Nov. 22, 2010.
Daniel J. Moore, Laszynski & Moore, Lafayette, IN, Attorney for Appellant.
Gregory F. Zoeller, Attorney General of Indiana, Ann L. Goodwin, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
OPINION
BROWN, Judge.
Levie Jackson appeals his convictions for seven counts of forgery as class C felonies,1 six counts of theft as class D felonies,2 and his adjudication as an habitual offender.3 Jackson raises two issues, which we revise and restate as:
I. Whether the trial court erred when it denied his motion to sever the charges; andWe affirm.
II. Whether the trial court erred in allowing the State to file a belated habitual offender information.
The facts most favorable to the convictions follow. On October 18, 2006, Jackson, dressed in dark pants, a white shirt, and a tie, approached seventy-eight-year-old Dale Cummings at a Menards in Tippecanoe County and asked if he was finding everything he needed. Because of his attire, Cummings "assumed that he was an employee." Transcript at 62. Jackson followed Cummings to his car, and as Cummings was leaving Jackson tapped on his window and told him that he could sign him up for a fifteen percent discount at the store. Cummings told Jackson he was interested, and Jackson stated that he would be right back with the relevant paperwork. Jackson returned with paper and a clipboard and sat down in the passenger seat of Cummings's car. Jackson asked for proof that Cummings was over sixty-five-years-old, and Cummings handed Jackson his wallet. Jackson wrote some information down, gave Cummings his wallet back, and left. Later that day, Cummings was notified of some suspicious activity on one of his credit cards, and after checking his wallet he realized that he was missing two credit cards and a debit card.
Around 2:00 p.m. that same day, Jackson purchased three cartons of Newport cigarettes and two cartons of Virginia Slims cigarettes at a Speedway convenience store located on State Road 26 in Lafayette using Cummings's credit cards. Jackson signed Cummings's name on the charge slips without Cummings's permission. Jackson explained to the cashier
On February 9, 2007, eighty-one-year-old Robert Cassman was approached by Jackson in the parking lot of a Target store also located on State Road 26 in Lafayette while he was loading the trunk of his car. Cassman found Jackson to be "well dressed," and was under the impression that Jackson worked for Target. Id. at 96. Jackson explained to Cassman that he could get a fifteen percent discount at the store if he was a senior citizen. Cassman was interested, and Jackson went into the store. Because it was cold outside, Cassman started back to the store to find Jackson to see if they could do the transaction inside, but Jackson met him in the parking lot and said that he could fill out the paperwork in Cassman's car. After entering the vehicle, Jackson asked Cassman for identification, and Cassman handed Jackson his wallet. Unbeknownst to Cassman, while Jackson had control of the wallet he removed two credit cards. Jackson then returned Cassman's wallet to him and left.
That same day, Jackson entered the Game Stop store in Lafayette and purchased two X-Box 360 game systems using Cassman's credit card. He went to the same Speedway convenience store he had visited with Cummings's credit cards and purchased four cartons of Newport cigarettes and a cup of coffee. At both the Game Stop and the Speedway, Jackson signed Cassman's name to a charge slip without Cassman's permission.
On February 12, 2007, Jackson approached eighty-four-year-old Norman Pearlman as Pearlman was leaving a Walgreens in West Lafayette and offered to arrange for Pearlman to get a ten percent senior citizen discount on merchandise. Pearlman had previously noticed Jackson in the store "walking down the aisle" and believed that Jackson was "a professional connected with Walgreens." Id. at 351. Pearlman let Jackson into the passenger seat of his car, and Jackson asked for proof of his age. When Pearlman gave him his social security card, Jackson said "that wasn't good enough," and that he needed Pearlman's driver's license. Id. Pearlman removed his driver's license and handed it to Jackson, and he put his wallet down on the seat between him and Jackson.
A few hours later, Pearlman received a phone call from his credit union "telling [him] that [his] card had been used up ... for a total of about a thousand dollars." Id. at 352. Pearlman then realized that he was missing three credit cards. Pearlman did not give anyone permission to take his credit cards or use them.
On June 15, 2007, at around 4:00 p.m., Jackson came upon seventy-nine-year-old Marvin Sutter and his wife napping in their car in the parking lot of a Wal-Mart on State Road 26 in Tippecanoe County. Dressed in a suit with a white shirt, Jackson tapped on Sutter's car window and stated, "not on my watch," and told Sutter that he was a security guard. Id. at 139. Jackson offered to retrieve an electric cart for the couple. When Jackson returned, he was holding a notepad and informed the couple that Wal-Mart was giving discounts or a rebate through the mail to customers over sixty-five years old. Jackson acted surprised when Sutter told him his age, and Jackson requested identification to confirm it. Jackson entered Sutter's car, sat in the back seat, and was given access to Sutter's wallet. Without Sutter's knowledge, Jackson removed two credit cards from Sutter's wallet and then returned the wallet. Sutter's wife shopped in the Wal-Mart for about forty-five minutes, and when she returned to the car she
At 4:41 p.m. that same day, Jackson purchased a gift card for $264 using one of Sutter's credit cards at the same Speedway convenience store on State Road 26 he had visited with Cassman's and Cummings's credit cards. Two minutes later he used another of Sutter's credit cards to purchase over $163 worth of Newport cigarettes. Both times, Jackson signed Sutter's name without his permission.
On August 12, 2007, Jackson approached seventy-eight-year-old Kenneth Bales, who was sitting in his car in the parking lot of a Marsh supermarket in West Lafayette. Jackson, whom Bales found to be "well dressed," told Bales that he could get Bales a discount on his groceries if Bales could demonstrate that he was over seventy years old. Id. at 305. Jackson sat down in the passenger seat of Bales's car, and Bales gave Jackson his billfold. At one point, Jackson was turned so that Bales "couldn't see his hands" and took a credit card and a bank card. Id.
Later that day, Jackson entered a Village Pantry convenience store in Tippecanoe County and purchased five cartons of Newport cigarettes and a juice with one of Bales's cards, totaling $190.43. Jackson told the clerk that "Newport's [sic] were cheap here and he was from out of town." Id. at 311. Jackson did not have Bales's permission to use either of the cards.
On August 21, 2007, Jackson approached sixty-eight-year-old James Morrison while Morrison was shopping at a CVS store on State Road 26 in Lafayette and asked him "what [he] was looking for." Id. at 186. Morrison assumed that Jackson, whom he considered to be "well dressed" and who "seemed to know his way around within the store," was a CVS employee. Id. at 187-188. Jackson followed Morrison out of the store while holding a "CVS circular" and told Morrison that "he could get [Morrison] a discount on CVS products" if he were at least fifty-five years old. Id. at 187. Jackson sat down in Morrison's car and told him that he needed to see some identification demonstrating that he was at least fifty-five in order to procure "the card necessary to get the discount." Id. at 188. Morrison handed Jackson his wallet. Jackson asked Morrison to write something in a notepad, and while Morrison was doing so Jackson removed one of Morrison's credit cards.4
Later that day, Jackson approached eighty-four-year-old John Barker and his wife in the parking lot of a Payless grocery store in Tippecanoe County. Jackson was dressed in a white shirt and tie, and the couple assumed that he was an employee of the store. Jackson informed them that the store was offering "special coupons that they [were going to] put out later on in the week" and asked to see identification. Id. at 256. Jackson sat down in the back seat of the Barkers' car, took John Barker's wallet, removed Barker's debit card from the wallet, and after about a minute handed the wallet back.
Around 3:30 p.m. that same day, Jackson entered a Speedway in Hobart and made three charges on Barker's credit card totaling over $790 for the purchase of Newport cigarettes, Kool cigarettes, and two gift cards. Each time, Jackson signed Barker's name on the charge slip without Barker's permission.
On August 25, 2007, Lafayette Police Officer Shawn Sherry noticed Jackson at a
On March 6, 2008, Jackson filed a motion for severance of counts and argued that "[b]ecause these charges were joined in the information...
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