Russell v. State
Decision Date | 12 March 1986 |
Docket Number | No. 385S114,385S114 |
Citation | 489 N.E.2d 955 |
Parties | Grant RUSSELL, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). |
Court | Indiana Supreme Court |
Belle T. Choate, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Lee Cloyd, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-Appellant Grant Russell was convicted at the conclusion of a bench trial in the Marion County Superior Court, Criminal Division, of theft, a class D felony, possession of heroin in excess of three (3) grams, a class C felony, and of being an habitual offender. Appellant was sentenced to five (5) years for the possessory offense, enhanced by thirty (30) years for the habitual offender finding, and to two (2) years for theft, the sentences to run concurrently. In this direct appeal he raises sufficiency issues and the chain of custody of State's Exhibit No. 5.
Appellant first maintains there was insufficient evidence that he had a specific intent to exert unauthorized control over the items taken. Where sufficiency of the 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. If there is substantial evidence of probative value from which the trier of fact might reasonably infer guilt beyond a reasonable doubt, the conviction will not be disturbed. Harris v. State (1985), Ind., 480 N.E.2d 932, 937.
The facts supporting the conviction are as follows. On October 28, 1983 at approximately 5:00 p.m., Security Officer Gary Mills observed Appellant enter the Lil' Butch Super Market at 5055 East 38th Street in Indianapolis. Through the store's security cameras, Mills observed Appellant take a pie and thirteen (13) packages of Kool-Aid from shelves and place them under his clothing. Once Appellant proceeded to the exit beyond the point of the cash registers without paying for the merchandise, Mills lost sight of Appellant for approximately a second or two as he left the cameras to apprehend Appellant. Mills identified himself as a security officer. Appellant tried to flee but Mills overpowered him, handcuffed him, and took him to the office, where the stolen items were discovered on Appellant's person. Despite Appellant's unsubstantiated claim that he paid a cashier for the items while Mills was not looking, there is clearly substantial evidence of probative value to support Appellant's conviction. Wise v. State (1980), Ind.App., 401 N.E.2d 65, 71, tr. denied (1980).
Upon being apprehended, Appellant attempted to reach into his back pocket. Mills' search of the pocket revealed a plastic bag containing a suspected narcotic and a small scale. At trial Mills testified he put the seized plastic bag inside another plastic bag, initialled it, and turned it over to the Indianapolis Police Department property room. Dick Shaw, a forensic chemist of the Indianapolis Police Department, testified he retrieved the bag from the property room on October 31, 1983. He also testified that no one has access to the property room except property room employees, and that the bag was sealed when he retrieved it. Shaw's analysis revealed the contents of the bag to be heroin.
This bag was admitted into evidence as part of State's Exhibit No. 5. Appellant alleges there is "A complete lack of proof that the 'suspected narcotic' taken by Mills from [Appellant] is the same 'brown powder' which Shaw found to be heroin." However, Appellant offers no evidence that the chain of custody was ever disturbed, short of this allegation. To establish a chain of custody the State need only provide evidence that strongly suggests the exact whereabouts of the evidence at all times. The State...
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Woods v. State
...all that is necessary is a reasonable showing that the evidence reached the trier of fact in an undisturbed condition. Russell v. State (1986), Ind., 489 N.E.2d 955. All of the challenged items were common in character and unremarkable in evidentiary value. There was evidence presented from......
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Vanway v. State
...An argument by the defendant that does no more than raise the possibility of tampering with the evidence is insufficient. Russell v. State (1986), Ind., 489 N.E.2d 955. State's witness Caroline Mullen, head cashier at Simpson's Food Fair, identified Exhibit 2 as the check that was presented......
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Kennedy v. State
...condition, and need only provide evidence that "strongly suggests" the exact whereabouts of the evidence at all times. Russell v. State (1986), Ind., 489 N.E.2d 955, 957. Defendant must then present evidence which must do more "than raise the mere possibility that the evidence could have be......
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Burst v. State, 4-1185A304
...contained in the briefcase. Secondly, the fact that five people had access to the vault does not break the chain. See Russell v. State (1986), Ind., 489 N.E.2d 955 (chain was not broken where property room employees had access to the property room). We hold that any possibilities of tamperi......