Shields v. State
| Citation | 523 N.E.2d 411 |
| Decision Date | 24 May 1988 |
| Docket Number | No. 02S00-8704-CR-416,02S00-8704-CR-416 |
| Parties | Daniel Lee SHIELDS, Appellant, v. STATE of Indiana, Appellee. |
| Court | Supreme Court of Indiana |
Robert Owen Vegeler, Deputy Public Defender, Fort Wayne, for appellant.
Linley E. Pearson, Atty. Gen., Cheryl Lynn Greiner, Deputy Atty. Gen., Indianapolis, for appellee.
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, 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 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 v. State (1982), Ind., 436 N.E.2d 1109. We find the evidence sufficient to sustain the jury's finding.
Appellant believes his case must be remanded for a new trial because the State peremptorily struck the only black potential juror from the panel. He asserts that because the record is devoid of a reason for striking the potential juror, he has raised an inference of purposeful discrimination which requires the State to provide an explanation.
A peremptory challenge is one exercised without reason stated, without inquiry, and without being subject to the court's control. No party is required to explain its reasons for the exercise of such challenge. There is a strong presumption that the prosecution uses its peremptory challenges to obtain a fair and impartial jury. Phillips v. State (1986), Ind., 496 N.E.2d 87.
However, a defendant has a right to be tried by a jury whose members are selected by non-discriminatory criteria. Appellant asserts he has established a prima facie case of purposeful discrimination by showing that: 1) he is a member of a cognizable racial group; 2) the prosecutor has peremptorily challenged members of his race; and 3) these facts and other relevant circumstances raise an inference that the prosecutor purposefully excluded veniremen from the jury because of their race. Weekly v. State (1986), Ind., 496 N.E.2d 29.
As in Weekly, appellant failed to present any record of voir dire. The record does reflect...
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...is solely responsible for determining the appropriate weight to accord aggravating and mitigating factors in sentencing. Shields v. State, 523 N.E.2d 411, 414 (Ind.1988). Even where the trial court considers improper aggravators in imposing a sentence, the sentence will be affirmed if it is......
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