Jones v. State

• Decision Date: 19 December 2017
• Docket Number: No. 84S05–1712–CR–741,84S05–1712–CR–741
• Citation: 87 N.E.3d 450
• Parties: Destin JONES, Appellant (Defendant), v. STATE of Indiana, Appellee (Plaintiff).
• Court: Indiana Supreme Court

87 N.E.3d 450

Destin JONES, Appellant (Defendant),

v.STATE of Indiana, Appellee (Plaintiff).

No. 84S05–1712–CR–741

Supreme Court of Indiana.

Filed December 19, 2017

Attorney for Appellant : Cara Schaefer Wieneke, Wieneke Law Office, LLC, Brooklyn, Indiana

Attorneys for Appellee : Curtis T. Hill, Jr., Attorney General of Indiana, Andrew A. Kobe, Michael Gene Worden, Deputy Attorneys General, Indianapolis, Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 84A05–1609–CR–2065

Rush, Chief Justice.

We cherish stories about changes of heart and abandoned criminal endeavors. Take Dr. Seuss's beloved children's tale about the Grinch, whose softened heart and renounced endeavor to steal Christmas ended the story with joyful celebration. This case, too, involves an individual going from house to house overnight, stealing property from sleeping inhabitants—as well as opportunities to abandon criminal efforts and escape liability.

But this story's ending gives no reason to celebrate.

Here, the defendant's night of criminality, which included a plot to rob a gas station, earned him a host of criminal charges. He contested two of them by claiming that he had abandoned his attempt and conspiracy to rob the station. But a jury disagreed. We hold that although abandonment is an available defense for both attempt and conspiracy charges, the evidence is sufficient to support the jury's verdicts. We therefore affirm the convictions.

Facts and Procedural History

One night in Terre Haute, Destin Jones went to several houses and stole various items from the sleeping residents. At about 2:00 a.m., Jones and his accomplice, Stoney Johnson, decided to rob a Speedway gas station. With dark hoods over their heads, masked faces, and what appeared to be guns in their hands, they walked toward the station from its rear.

But unlike the tranquil homes, the station was bustling with a stream of customers. Jones and Johnson lurked for a while on one side of the building, crouched behind a pair of large outdoor freezers. A few times they advanced toward the front entrance before again ducking out of view. Eventually they unmasked their faces, removed their hooded sweatshirts, and entered the store with empty hands—and with a different crime in mind. While customers preoccupied the store's cashier, Jones burglarized the back office and rummaged through the manager's safe. Jones and Johnson then left, retrieving their discarded attire from behind the freezers.

Police caught up with Jones and Johnson the next week at an apartment. There, police found clothes worn at the gas station, property stolen from the victimized homes, and several firearms. The State charged Jones with twenty-one offenses.

For his charges of attempted robbery of and conspiracy to rob the Speedway, Jones asserted an abandonment defense. Since some evidence supported Jones's assertion, the trial court properly instructed the jury on the defense. Ultimately, the jury returned guilty verdicts on nine offenses: six thefts, burglary of the Speedway back office, and attempted robbery of and conspiracy to rob the Speedway. The trial court merged the attempt and conspiracy convictions and sentenced Jones to an aggregate seventeen-year term—including twelve years for the merged attempt and conspiracy.

Jones appealed, challenging only the attempt and conspiracy convictions. The Court of Appeals affirmed the conspiracy conviction, reasoning that the abandonment defense was unavailable for Jones's conspiracy charge. Jones v. State, 75 N.E.3d 1095, 1098–99 (Ind. Ct. App. 2017). But it vacated the attempt conviction, concluding that the State did not disprove the abandonment defense beyond a reasonable doubt. Id. at 1099–1100.

We now grant Jones's petition to transfer, vacating the Court of Appeals opinion. Ind. Appellate Rule 58(A).

Standard of Review

We first determine whether the abandonment defense applies to conspiracy charges. This is an issue of statutory construction, reviewed de novo. Day v. State, 57 N.E.3d 809, 811 (Ind. 2016). Our goal is to determine the legislature's intent, which we do by following the plain and ordinary meaning of the statute's unambiguous language. Suggs v. State, 51 N.E.3d 1190, 1193–94 (Ind. 2016).

We then review whether sufficient evidence supports Jones's convictions. See Buelna v. State, 20 N.E.3d 137, 141 (Ind. 2014). We consider only the probative evidence and reasonable inferences supporting the verdicts, without reweighing the evidence or assessing witness credibility. Id. Unless no reasonable factfinder could find the defendant guilty, we affirm. Id.

Discussion and Decision

The parties agree that the abandonment defense is available for both attempt and conspiracy charges. They dispute, however, whether sufficient evidence supports the jury's rejection of that defense. We begin by explaining why and when the abandonment defense applies to conspiracy charges. Then, applying our deferential standard of review, we hold that the evidence was enough for the jury to reject Jones's abandonment defense.

I. The Abandonment Defense Has Narrowed Over Time.

At common law, abandonment was a limited defense. It shielded a defendant from criminal liability for attempt, conspiracy, and aiding or abetting, but only if the defendant had abandoned both the "idea" and the "evil intention" of the crime. Hedrick v. State, 229 Ind. 381, 389, 98 N.E.2d 906, 910 (1951) ; Stephens v. State, 107 Ind. 185, 189, 8 N.E. 94, 95–96 (1886)(emphasis omitted). The abandonment had to be voluntary, come before the crime's completion, and show that the accused had "wholly and effectively detached himself from the criminal enterprise." Harrison v. State, 269 Ind. 677, 687–88, 382 N.E.2d 920, 926–27 (1978) (citing Hedrick, 229 Ind. at 389, 98 N.E.2d at 910 ).

When codified in 1976 and amended in 1977, the defense narrowed even more. It now applies exclusively to three statutory offenses—attempt; conspiracy; and aiding, inducing, or causing an offense—and it shields only a defendant who "voluntarily abandoned his effort to commit the underlying crime and voluntarily prevented its commission." Ind. Code § 35–41–3–10 (2014).

II. The Abandonment Defense Is Available for Both Attempt and Conspiracy Charges.

The State initially argued that abandonment is not an available defense for Jones's conspiracy charge, but at oral argument the State rightly conceded the opposite. The abandonment statute plainly provides that abandonment "is a defense" "[w]ith respect to" statutory charges of both attempt and conspiracy:

With respect to a charge under IC 35–41–2–4 [aiding, inducing, or causing an offense], IC 35–41–5–1 [attempt], or IC 35–41–5–2 [conspiracy], it is a defense that the person who engaged in the prohibited conduct voluntarily abandoned his effort to commit the underlying crime and voluntarily prevented its commission.

I.C. § 35–41–3–10. Our prior cases have acknowledged this plain reading. See, e.g., Smith v. State, 636 N.E.2d 124, 127 (Ind. 1994) (" Indiana Code § 35–41–3–10 makes abandonment a legal defense to several inchoate crimes including conspiracy and attempt."); Sheckles v. State, 501 N.E.2d 1053, 1056 n.4 (Ind. 1986) ("Abandonment may be asserted as a defense only to attempt, conspiracy, and aiding, inducing or causing an offense." (citing Ind. Code § 35–41–3–10 (Burns 1979 Repl.))).

While we have recognized that abandonment is a defense to conspiracy, we have not explained when that abandonment must occur. For attempt charges, though, we have concluded that abandonment must occur after the defendant engaged in conduct constituting attempt but before the attempted crime is complete or inevitable. See, e.g., Sheckles, 501 N.E.2d at 1055–56. We based this conclusion on the relevant statutory text and the rationales for the abandonment defense. See id. at 1056 ; Woodford v. State, 488 N.E.2d 1121, 1124 (Ind. 1986). For the same reasons, we find that for conspiracies the abandonment defense similarly applies only after the conspiracy has formed but before the underlying crime is complete or inevitable.

A. Abandonment Can Occur Only After the Defendant Engaged in the Prohibited Conduct of the Charged Offense.

Logically, defenses—including abandonment—are unnecessary if no crime has been committed in the first place. See Sheckles, 501 N.E.2d at 1056 ; Norton v. State, 273 Ind. 635, 668–69, 408 N.E.2d 514, 536 (1980). If Jones had never attempted and conspired to rob the Speedway, for example, he would not need a defense. Accordingly, the abandonment statute applies only after the accused has "engaged in the prohibited conduct" of the charged offense. I.C. § 35–41–3–10 ; Woodford, 488 N.E.2d at 1124. Thus, a person can "commit the elements of the crime" of attempt or conspiracy, and "still avail himself of the defense of abandonment under IC 35–41–3–10."

Woodford, 488 N.E.2d at 1124. Holding otherwise would "ignore and defy the abandonment defense enacted by the legislature." Id.

For attempt, a defendant has "engaged in the prohibited conduct" when, with the culpability required for commission of the attempted crime, he has taken a substantial step toward commission of the crime. See Ind. Code § 35–41–5–1(a) (2014) ; Woodford, 488 N.E.2d at 1124 ; Zickefoose v. State, 270 Ind. 618, 622, 388 N.E.2d 507, 510 (1979). And for conspiracy, a defendant has "engaged in the prohibited conduct" when, with intent to commit a felony, he agrees with another person to commit the felony, and either the defendant or a co-conspirator performs an overt act in furtherance of the agreement. See Ind. Code § 35–41–5–2 (2014) ; Erkins v. State, 13 N.E.3d 400, 407 (Ind. 2014).

Here, neither party disputes that Jones's purported abandonment occurred after he committed attempt and conspiracy. Jones asserts that he abandoned the crimes when he removed his hood, unmasked his face, and concealed any weapons. At that point, he had committed attempt by taking substantial steps toward robbing the station, with...