Shields v. State, 02S00-8704-CR-416

• Docket Nº: No. 02S00-8704-CR-416
• Citation: 523 N.E.2d 411
• Case Date: May 24, 1988
• Court: Supreme Court of Indiana

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523 N.E.2d 411 Daniel Lee SHIELDS, Appellant,
v.
STATE of Indiana, Appellee. No. 02S00-8704-CR-416. Supreme Court of Indiana. May 24, 1988.

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Robert Owen Vegeler, Deputy Public Defender, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Cheryl Lynn Greiner, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Justice.

A jury trial resulted in appellant's conviction of Robbery, a Class B felony, for which he received a sentence of twenty (20) years.

The facts are: On July 12, 1986, Michael McDorman was working as a stock boy at Rogers Market in Fort Wayne. Between 5:30 and 6:00 a.m., McDorman heard screaming coming from the front of the store. When McDorman ran to the checkout area, he saw appellant going out the door. Appellant then returned holding the store's manager as a hostage and demanded, "Give me all your money or I'm going to kill her. I have the knife up to her head." He held an eight-inch hunting knife to her head. Another employee, Mark Schultheis, gave appellant money from the cash register and appellant demanded more. The hostage broke free and he told her to come back. She declined. Appellant then left the store.

Police were informed about the robbery. They saw appellant running down the street a few blocks from the store. They returned to the store with appellant, and McDorman and Schultheis identified him as the robber.

Appellant argues the evidence is insufficient to support his conviction. He believes that because the witnesses did not remember a scar on his face when they described him, because they estimated his weight incorrectly, and because no weapons or money were found on him or in the vicinity when police located him, the State failed to prove his identity as the robber.

Appellant acknowledges that this Court will not reweigh the evidence or judge the credibility of the witnesses. Alfaro v. State (1985), Ind., 478 N.E.2d 670.

Witnesses testified that the robbery, which took several minutes, occurred in a well-lit area and appellant wore no mask or face covering. McDorman and Schultheis were best able to view the robber, and they

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testified that there was no doubt in their minds that appellant was the perpetrator. We find the evidence is sufficient to support appellant's conviction.

Appellant contends that the State did not carry its burden of disproving his alibi defense beyond a reasonable doubt.

Appellant's brother-in-law and a few of appellant's acquaintances testified that he was at a bar and party celebrating his birthday on the morning of the offense. Appellant claims he had left the party and was approximately fourteen blocks from Rogers Market at the precise time of the robbery, and the witnesses who identified him as the robber were lying.

The State does not bear the burden to directly rebut a defendant's alibi. The credibility of the witnesses is for the jury to determine and they may disbelieve an alibi if the State's evidence in chief is credible. Thomas...