Phillips v. State, No. 679S165
| Docket Nº | No. 679S165 |
| Citation | 425 N.E.2d 119 |
| Case Date | September 01, 1981 |
| Court | Supreme Court of Indiana |
Page 119
v.
STATE of Indiana, Appellee.
Page 120
J. A. Cummins, Public Defender for Delaware County, Muncie, for appellant.
Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.
PIVARNIK, Justice.
Defendant-appellant Phillips was sentenced in the Delaware Circuit Court to a term of twenty years upon his conviction for the crime of rape, a class B felony, twenty years for his conviction for the crime of burglary, a class B felony, and five years for his conviction for the crime of robbery, a class C felony. The trial judge ordered that the sentences were to be served consecutively. Appellant raises two issues for our consideration in this appeal, concerning: (1) error of the trial court in overruling defendant's motion to suppress his confession, and (2) abuse of discretion of the court in providing that the sentences would run consecutively rather than concurrently.
On September 12, 1978, Margaret Merrill, an eighty-five year old woman, was awakened by noise in her bedroom. There was a man in her bedroom who threatened to kill her during the course of the events that followed. He forced her to have sexual intercourse with him, took four dollars ($4.00) from her purse and physically abused her in such a rough manner that she was injured. It was her testimony that she recognized her assailant to be the defendant, Phillips.
I.
Shortly after defendant was apprehended by the police, he signed a waiver of rights form acknowledging advice of his rights and his intention to waive them and confessed to the acts constituting these charges against him. Prior to trial, he filed a motion to suppress this statement of confession, claiming that it was not made voluntarily, intelligently and knowingly, since he was under the influence of drugs at the time and further that the police unduly coerced him into making the confession. We review a question of this nature on appeal as we do other sufficiency matters. We do not weigh the evidence, but rather determine whether there was substantial probative evidence to support the trial court's finding. We will not disturb a trial court's ruling on the admissibility of a confession when such ruling is based on substantial, though conflicting, evidence. Taylor v. State, (1980) Ind., 406 N.E.2d 247; Baker v. State, (1980) Ind., 400 N.E.2d 137;
Page 121
Arch v. State, (1978) 269 Ind. 450, 381 N.E.2d 465 at...To continue reading
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Hoskins v. State, No. 281S32
...We have previously held that there is no constitutional right to have sentences run concurrently. Phillips v. State, (1981) Ind., 425 N.E.2d 119, 121; Merrifield v. State, (1980) Ind., 400 N.E.2d 146, 151. Ind.Code Sec. 35-50-1-2 (Burns Repl.1979) provides that the trial court "... shall de......
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Buck v. State, No. 582S190A
...(1980) Ind., 406 N.E.2d 247; Baker v. State, (1980) Ind., 400 N.E.2d 137. Furthermore, we stated in Phillips v. State, (1981) Ind., 425 N.E.2d 119, "When a defendant challenges the voluntariness of his confession by alleging that he was under the influence of drugs, he must introduce eviden......
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Jordan v. State, No. 485S164
...rather determine whether there was substantial probative evidence to support the trial court's finding. Phillips v. State (1981), Ind., 425 N.E.2d 119, 120. We will not disturb a trial court's ruling on the admissibility of a confession when such ruling is based on substantial, though confl......
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Agnew v. State, No. 985
...a trial court's ruling on the admissibility of a confession when it is based on conflicting evidence. Phillips v. State (1981), Ind., 425 N.E.2d 119. There is ample evidence in this record to support the decision of the trial judge to admit appellant's confession into Appellant claims the p......
-
Hoskins v. State, No. 281S32
...We have previously held that there is no constitutional right to have sentences run concurrently. Phillips v. State, (1981) Ind., 425 N.E.2d 119, 121; Merrifield v. State, (1980) Ind., 400 N.E.2d 146, 151. Ind.Code Sec. 35-50-1-2 (Burns Repl.1979) provides that the trial court "... shall de......
-
Buck v. State, No. 582S190A
...(1980) Ind., 406 N.E.2d 247; Baker v. State, (1980) Ind., 400 N.E.2d 137. Furthermore, we stated in Phillips v. State, (1981) Ind., 425 N.E.2d 119, "When a defendant challenges the voluntariness of his confession by alleging that he was under the influence of drugs, he must introduce eviden......
-
Jordan v. State, No. 485S164
...rather determine whether there was substantial probative evidence to support the trial court's finding. Phillips v. State (1981), Ind., 425 N.E.2d 119, 120. We will not disturb a trial court's ruling on the admissibility of a confession when such ruling is based on substantial, though confl......
-
Agnew v. State, No. 985
...a trial court's ruling on the admissibility of a confession when it is based on conflicting evidence. Phillips v. State (1981), Ind., 425 N.E.2d 119. There is ample evidence in this record to support the decision of the trial judge to admit appellant's confession into Appellant claims the p......