Riggs v. State, No. 49S00-8602

Docket NºNo. 49S00-8602
Citation508 N.E.2d 1271
Case DateJune 16, 1987
CourtSupreme Court of Indiana

Page 1271

508 N.E.2d 1271
Sterling RIGGS, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below).
No. 49S00-8602 CR 164.
Supreme Court of Indiana.
June 16, 1987.

Page 1272

George K. Shields, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

Appellant Sterling Riggs was accused of sexually attacking an Indianapolis nursing home employee while she was on duty. He was convicted after a jury trial of rape, a class A felony, Ind.Code Sec. 35-42-4-1 (Burns 1985 Repl.); confinement, a class B felony, Ind.Code Sec. 35-42-3-3 (Burns 1985 Repl.); attempted deviate sexual conduct, a class A felony, Ind.Code Secs. 35-42-4-2, 35-41-5-1 (Burns 1985 Repl.); and two counts of deviate sexual conduct, both class A felonies, Ind.Code Sec. 35-42-4-2 (Burns 1985 Repl.). He was sentenced to concurrent terms of 10 years for confinement and 30 years for each of the other four charges.

In this direct appeal, Riggs raises two issues:

1) Whether the evidence was sufficient to identify him as the perpetrator, and

2) Whether his convictions for five distinct crimes arising from one course of conduct constitute double jeopardy.

The evidence shows that a man matching Riggs description entered the nursing home about 4:40 a.m. on April 24, 1985. B.R., the victim, discovered the intruder and yelled for help. The man grabbed B.R., held a knife to her back, and ordered her to move outside to vacant property nearby. After forcing B.R. to remove her clothing, including her white pantyhose, the assailant raped and sodomized her. Afterward, the attacker walked away, taking the victim's pantyhose with him. B.R. collected her remaining clothing and walked back to the nursing home.

She was met by police; they had been summoned by another nursing home employee who heard B.R.'s initial cries for help. The officers immediately broadcast B.R.'s description of her assailant. An officer patrolling the area discovered Riggs walking nearby and noted that Riggs matched the description of the rapist. Riggs ignored police requests to stop; he appeared to reach into his shirt and throw something to the ground. Police recovered

Page 1273

a pair of white pantyhose from that site and discovered that Riggs was carrying a large kitchen knife under his shirt.

Although B.R. could not identify Riggs as her attacker from a photographic array, she identified him during a pre-trial line-up and at trial. She also identified the pantyhose which Riggs apparently had been carrying and testified that the knife confiscated from Riggs was similar to that used by her attacker.

I. Sufficiency of the Evidence

Riggs claims the evidence was inadequate to prove beyond a reasonable doubt that he was the perpetrator of...

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14 practice notes
  • Hahn v. State, No. 18A02-8801-CR-26
    • United States
    • Indiana Court of Appeals of Indiana
    • February 8, 1989
    ...before a jury reasonably may infer the intent necessary to convict a defendant of burglary. Justice, 530 N.E.2d at 297; Gilliam, 508 N.E.2d at 1271. The evidence of breaking, entering, and flight "must be tied to some other evidence which is strongly corroborative of the actor's intent." Ju......
  • Patterson v. State, No. 46A03-9907-CR-252.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 14, 2000
    ...339 (Ind.1992) (reducing conviction from murder to involuntary manslaughter based on insufficiency of evidence of intent); Gilliam, 508 N.E.2d at 1271 (reducing conviction from attempted burglary to criminal trespass based on insufficiency of evidence of intent); Dickens v. State, 260 Ind. ......
  • Baker v. State , No. 89S01–1109–CR–543.
    • United States
    • June 12, 2012
    ...inside. Appellee's Br. at 5. We agree with the State. “Burglars rarely announce their intentions at the moment of entry,” Gilliam, 508 N.E.2d at 1271, and indeed many times there is no one around to hear them even if they were to do so. Hence, a burglar's intent to commit a specific felony ......
  • Riggs v. State, No. 49A02-9702-PC-120
    • United States
    • Indiana Court of Appeals of Indiana
    • December 15, 1997
    ...a verdict. Riggs was found guilty on all five counts. Our supreme court affirmed Riggs's convictions on June 16, 1987. Riggs v. State, 508 N.E.2d 1271 Riggs thereafter filed a petition for post-conviction relief, arguing that the trial court erred in failing to notify Riggs and his attorney......
  • Request a trial to view additional results
14 cases
  • Hahn v. State, No. 18A02-8801-CR-26
    • United States
    • Indiana Court of Appeals of Indiana
    • February 8, 1989
    ...before a jury reasonably may infer the intent necessary to convict a defendant of burglary. Justice, 530 N.E.2d at 297; Gilliam, 508 N.E.2d at 1271. The evidence of breaking, entering, and flight "must be tied to some other evidence which is strongly corroborative of the actor's intent." Ju......
  • Patterson v. State, No. 46A03-9907-CR-252.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 14, 2000
    ...339 (Ind.1992) (reducing conviction from murder to involuntary manslaughter based on insufficiency of evidence of intent); Gilliam, 508 N.E.2d at 1271 (reducing conviction from attempted burglary to criminal trespass based on insufficiency of evidence of intent); Dickens v. State, 260 Ind. ......
  • Baker v. State , No. 89S01–1109–CR–543.
    • United States
    • June 12, 2012
    ...inside. Appellee's Br. at 5. We agree with the State. “Burglars rarely announce their intentions at the moment of entry,” Gilliam, 508 N.E.2d at 1271, and indeed many times there is no one around to hear them even if they were to do so. Hence, a burglar's intent to commit a specific felony ......
  • Riggs v. State, No. 49A02-9702-PC-120
    • United States
    • Indiana Court of Appeals of Indiana
    • December 15, 1997
    ...a verdict. Riggs was found guilty on all five counts. Our supreme court affirmed Riggs's convictions on June 16, 1987. Riggs v. State, 508 N.E.2d 1271 Riggs thereafter filed a petition for post-conviction relief, arguing that the trial court erred in failing to notify Riggs and his attorney......
  • Request a trial to view additional results

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