Newman v. State, 1184S428
| Citation | 483 N.E.2d 36 |
| Decision Date | 01 October 1985 |
| Docket Number | No. 1184S428,1184S428 |
| Parties | Darryl C. NEWMAN, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Charles A. Beck, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-Appellant Darryl C. Newman was convicted of three counts of robbery, a class B felony, on June 29, 1984 at the conclusion of a jury trial before the Marion Superior Court. The Honorable Webster Brewer sentenced Appellant to ten years imprisonment on each count to run consecutively, for a total of thirty years.
Appellant alleges three errors for review:
1. that the verdicts are not supported by sufficient evidence;
2. that the trial court erroneously admitted into evidence testimony concerning Appellant's polygraph examination; and
3. that the trial court improperly imposed consecutive sentences.
On the evening of February 8, 1980 two men robbed the Wawasee Tavern in Indianapolis. Aside from Jerome Forestal, the bartender, two of the customers, Michael Graham and Richard Forestal, also were robbed. Michael Graham was struck on the head with a pistol, and Richard and Jerome Forestal were shot at as they chased the fleeing suspects.
Approximately one hour later Appellant was positively identified from a photographic display by Jerome Forestal and Richard McGuiness, another patron the evening of the robbery. Appellant was also positively identified at trial.
After being charged with three counts of robbery Appellant and the State executed a stipulation concerning a polygraph examination of Appellant. The stipulation provided for, inter alia, introduction of the examination results without objection by either party. The stipulation also noted that Appellant and his attorney thoroughly discussed the examination and stipulation, and their effect and meaning. At trial Appellant moved to strike the stipulation because he did not understand all the scientific criteria that went into the examination which affected the result. The trial court denied the motion.
Appellant alleges his conviction was based on insufficient evidence. This allegation is based on two grounds. Appellant maintains he presented evidence which proved he was elsewhere at the time of the robbery, which alibi is so strong it cannot be overlooked by the jury. Appellant also maintains that since one of the robbery victims did not testify and another could not positively identify him there is insufficient evidence on two counts of robbery.
Where the sufficiency of evidence is challenged on review this Court will neither weigh the evidence nor determine the credibility of witnesses, but rather will look to the evidence most favorable to the State together with all reasonable inferences therefrom. We will then determine if there is substantial evidence of probative value from which the trier of fact might reasonably infer guilt beyond a reasonable doubt. Harris v. State, (1985) Ind., 480 N.E.2d 932, 937. Furthermore, this Court has held on numerous occasions that a jury may reject a defendant's version of what happened and may decide which witnesses to believe. Lewis v. State, (1982) Ind., 438 N.E.2d 289, 293. In the present case the jury chose to do exactly that. Although two victims could not positively identify Appellant, two other customers, eyewitnesses to the robbery, positively identified Appellant after testifying they had a clear opportunity to observe him. The identification of a single witness is sufficient to support a conviction. Titara v. State, (1983) Ind. 447 N.E.2d 587, 588. Clearly the identification of Appellant in the present case by two eyewitnesses is sufficient to support the conviction.
Appellant next alleges the trial court erroneously admitted into evidence testimony concerning Appellant's polygraph examination. Appellant does not contest the fact that he signed a stipulation allowing admission of the test results. The stipulation states in part:
"7. ... This written report will be introduced into evidence, without objection by either side, at the time of the examiner's testimony at any trial or hearing.
* * *
* * *
8. ... The opposing side hereby expressly waives any and all objections of such testimony as to the competency, weight, relevancy, remoteness, or admissibility of such testimony based upon public, legal, judicial, social policy, due process of law, and/or such rules of evidence as might otherwise govern.
* * *
* * *
13. The defendant and his attorney certify that they have thoroughly discussed the taking of a polygraph examination; the effect and meaning of this stipulation, including the admissibility of the examiner's testimony and/or opinions in any trial or hearing involving the above-mentioned crime(s); and, that the examiner's testimony, and/or opinions, and/or written report, could result in the defendant being convicted of the above-mentioned crime(s)."
Appellant first maintains an improper foundation was laid to admit the examination results because the stipulation itself was not offered as evidence. Appellant cites no authority which compels the State to introduce the stipulation as part of a proper foundation. Where appellant does not cite any authority to support his allegations of error, any claim of such error is waived. Johnson v. State, (1985) Ind., 472 N.E.2d 892, 904. Furthermore, Appellant has not properly preserved this error for appeal since no such objection was made at trial. Appellant objected to the polygraph results at trial because of a lack of understanding of...
To continue reading
Request your trial
-
Broadus v. State
...the trier of fact might reasonably infer guilt beyond a reasonable doubt. Hill v. State (1985), Ind., 483 N.E.2d 746; Newman v. State (1985), Ind., 483 N.E.2d 36. In Issue I we thoroughly addressed the fact that the victims' description of the robbers was modified after the victims viewed A......
-
Saunders v. State
...sentences appropriate because Saunders had committed the offenses while on parole, which is a proper aggravating factor. Newman v. State (1985), Ind., 483 N.E.2d 36. The trial judge also noted Saunders' long history of criminal activity, which showed lack of respect for the law and a great ......
-
Hestand v. State
...that polygraph examinations are not scientifically reliable and are inadmissible absent stipulation by both parties. Newman v. State (1985), Ind., 483 N.E.2d 36, 38. The State has no duty to stipulate to the admission of test Appellant contends an illegal search and seizure of his home rend......