Madden v. State

• Decision Date: 12 January 2021
• Docket Number: Court of Appeals Case No. 20A-CR-196
• Parties: Irving MADDEN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff
• Court: Indiana Appellate Court

162 N.E.3d 549

Irving MADDEN, Appellant-Defendant,

v.STATE of Indiana, Appellee-Plaintiff,

Court of Appeals Case No. 20A-CR-196

Court of Appeals of Indiana.

FILED January 12, 2021

Attorney for Appellant: Denise L. Turner, DTurner Legal LLC, Indianapolis, Indiana

Attorneys for Appellee: Theodore E. Rokita, Attorney General of Indiana, Benjamin J. Shoptaw, Deputy Attorney General, Indianapolis, Indiana

Robb, Judge.

Case Summary and Issues

[1] Following a jury trial, Irving Madden was convicted of two counts of aggravated battery, Level 3 felonies; kidnapping, a Level 5 felony; and kidnapping for ransom and criminal confinement, Level 2 felonies. The trial court sentenced Madden to an aggregate of forty years. Madden appeals and raises two issues which we expand, reorder, and restate as: (1) whether there is sufficient evidence to support his kidnapping for ransom conviction; (2) whether his convictions violate the continuous crime doctrine; (3) whether the trial court abused its discretion by imposing consecutive sentences; and (4) whether his sentence is inappropriate in light of the nature of the offenses and his character. We conclude there is sufficient evidence to support Madden's kidnapping for ransom conviction but Madden's additional convictions for kidnapping and criminal confinement must be vacated. We also conclude that the trial court did not abuse its discretion by imposing consecutive sentences and Madden's sentence is not inappropriate. We affirm in part, reverse in part, and remand.

Facts and Procedural History

[2] The facts most favorable to the verdicts are as follows. In October of 2018, A.C. was in a relationship with Quantavious Jones. Madden was a friend or relative of Jones. On October 23, Jones told A.C. he planned to send her something in the mail the next day; A.C. agreed to accept the package. The next day, Jones called A.C. and asked whether she had received the package. A.C. said no and Jones said he was coming to pick her up. When Jones arrived, A.C. got in the car and the two discussed the package. Jones "told [A.C.] that [they] were going to go to the UPS man and see if he possibly had it or delivered it to the wrong address[.]" Transcript of Evidence, Volume 2 at 199. They located the UPS delivery driver and asked whether the package had been delivered. The UPS driver stated the package had been delivered. Jones asked the driver whether he had seen A.C. that day and he responded he had not.

[3] Jones then asked for A.C.'s phone. A.C. complied and Jones searched the phone. While driving, Jones called Madden and told him that A.C. lost the package and they were coming to Madden's house. When A.C. realized they were going to Madden's house, she became concerned and "realize[d] something's up[.]" Id. at 201. A.C. tried to get out of the car but Jones grabbed her shirt and held her, preventing her from getting out. When they arrived at Madden's house, Jones told A.C. to get out of the car, but she refused because she "didn't feel safe." Id. at 204. Madden came out to the car, grabbed A.C. by the shirt, pulled her from the car, and took her into the basement of the house. Jones went inside with Madden and A.C.

[4] When they got to the basement, Jones handcuffed A.C. to a pipe. A.C. tried to get out of the cuffs, eventually succeeded, and reached for a phone that was in front of her. Jones grabbed A.C. and began "choking [her] to the ground." Id. at 206. A.C. could not breathe and felt as if she were about to lose consciousness. Madden then brought out a chair and A.C. was handcuffed to the chair in the kitchen/bar area of the basement. Madden and Jones began questioning A.C. about the package. Madden stood behind her while Jones stood in front of her. Madden then threw a pot of hot water on A.C.'s "back, right side[,]" and she later described the pain as "worse than ten." Id. at 208. Still handcuffed, A.C. fell to the ground and "tried to scoot away into a corner" as Madden began hitting her in the head with the pot. Id. Madden stomped on A.C.'s chest and face and then began punching her until Jones pulled Madden off of her.

[5] A.C. stood up and went into the bathroom alone and Jones closed the door. Once A.C. was in the bathroom, she was instructed to take off her clothes.¹ As she began to remove her clothes, Madden opened the bathroom door and threw more hot water on her. Madden instructed A.C. to get in the bathtub. She complied. The men turned the shower on and ran hot water over A.C. Madden then began kicking and hitting A.C., causing her to go in and out of consciousness. At some point while the three were in the bathroom, Jones used A.C.'s phone to call people and ask about the package.

[6] After Madden beat A.C. for several minutes, he and Jones took her back to the kitchen area and discussed what to do with her. Madden asked Jones "if he could shoot [A.C.] or kill [her,]" but Jones said to let her go. Id. at 213. Madden gave A.C. some clothes and she got dressed. A.C. recalled seeing Madden with a gun in his hand while they were in the basement. The three of them went upstairs. Madden left to put gas in the car and Jones and A.C. went to the kitchen where Jones gave her something to drink. Jones and A.C. then went to the garage because A.C. was "burning" and "wanted [ ] cool air." Id. at 214. Jones allowed A.C. to call her family and specifically told her she needed to tell her family to give them $3,000 to let her go. A.C. spoke to three of her cousins, as well as a detective one of her cousins had three-way called. The detective asked where A.C. was but she was unable to tell him because Jones hung up the phone.

[7] At some point, Madden returned and A.C. and Jones got into the car with him. A.C. sat in the front passenger seat and Madden told her to "lay back so no one can see" her. Id. at 217. Madden dropped A.C. off in a neighborhood where she did not know anyone. Before A.C. exited the car, Madden told her to "tell the police that [she] was off drugs and that [she] took a Molly and ... woke up like that and to remember his face." Id. A.C. walked up to a stranger's house, knocked on the door, and asked the individual who answered to call her cousin. The stranger contacted A.C.'s cousin. Another cousin picked A.C. up and took her to the hospital. A.C. was bleeding from her mouth, ear, and nose. Her face was swollen, and she had severe burns. As a result, A.C. has undergone several surgeries and rehabilitative therapy. A.C. also has permanent scarring.

[8] On October 29, the State charged Madden with robbery resulting in serious bodily injury, a Level 2 felony; criminal confinement, a Level 3 felony; three counts of aggravated battery, Level 3 felonies; kidnapping, a Level 5 felony; battery resulting in bodily injury, a Level 5 felony; battery by means of a deadly weapon, a Level 5 felony; and pointing a firearm, a Level 6 felony. See Appellant's Appendix, Volume II at 28-30. The State later amended the charging information to add kidnapping for ransom and criminal confinement, Level 2 felonies. Upon the State's motion, Madden's robbery resulting in serious bodily injury, battery by means of a deadly weapon, pointing a firearm, and one of the aggravated battery charges were dismissed. A jury trial was held December 9 to 11, 2019. Madden and Jones were tried together. The jury found Madden guilty of two counts of aggravated battery, Level 3 felonies; kidnapping with bodily injury, a Level 5 felony; kidnapping for ransom, a Level 2 felony; and criminal confinement with intent to obtain ransom, a Level 2 felony.

[9] A sentencing hearing was held on January 6, 2020. The trial court sentenced Madden to an aggregate of forty years in the Indiana Department of Correction: ten years for each battery conviction to run consecutively to each other; twenty years for Level 2 kidnapping and twenty years for Level 2 confinement to run concurrently to each other but consecutively to the battery sentences; and four years for Level 5 kidnapping to run concurrently to all other sentences. See Tr., Vol. 4 at 150-51; Appellant's App., Vol. II at 144-45. Madden now appeals.

Discussion and Decision

I. Sufficiency of the Evidence

[10] Madden challenges the sufficiency of the evidence supporting his kidnapping for ransom conviction, a Level 2 felony.

A. Standard of Review

[11] When reviewing the sufficiency of the evidence required to support a conviction, we do not reweigh the evidence or judge the credibility of the witnesses. Drane v. State , 867 N.E.2d 144, 146 (Ind. 2007). Instead, we consider only the evidence supporting the verdict and any reasonable inferences that can be drawn therefrom. Morris v. State , 114 N.E.3d 531, 535 (Ind. Ct. App. 2018), trans. denied . We consider conflicting evidence most favorably to the verdict. Silvers v. State , 114 N.E.3d 931, 936 (Ind. Ct. App. 2018). "We will affirm if there is substantial evidence of probative value such that a reasonable trier of fact could have concluded the defendant was guilty beyond a reasonable doubt." Bailey v. State , 907 N.E.2d 1003, 1005 (Ind. 2009). The evidence need not overcome every reasonable hypothesis of innocence; it is sufficient if an inference may reasonably be drawn from the evidence to support the verdict. Silvers , 114 N.E.3d at 936. The uncorroborated testimony of one witness may be sufficient by itself to sustain a conviction on appeal. Toney v. State , 715 N.E.2d 367, 369 (Ind. 1999).

B. Kidnapping for Ransom

[12] Madden did not make the ransom demand himself; therefore, the State proceeded on an accomplice liability theory on this charge. "A person who knowingly or intentionally removes another person, by fraud, enticement, force, or threat of force, from one place to another" with the intent to obtain ransom commits kidnapping, a Level 2 felony. Ind. Code § 35-42-3-2(a), (b)(3)(A) (2014). Under Indiana's accomplice liability statute, a person "who knowingly or intentionally aids, induces, or causes another person to...