Sloan v. State

• Citation: 274 Ind. 62,408 N.E.2d 1264
• Decision Date: 03 September 1980
• Docket Number: No. 580S133,580S133
• Parties: Roger M. SLOAN, Appellant, v. STATE of Indiana, Appellee.
• Court: Supreme Court of Indiana

Page 1264

408 N.E.2d 1264

274 Ind. 62

Roger M. SLOAN, Appellant, v. STATE of Indiana, Appellee.

No. 580S133.

Supreme Court of Indiana.

Sept. 3, 1980.

John P. Avery, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Kathleen G. Lucas, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-appellant Roger M. Sloan was charged in Marion Superior Court, Criminal Division IV, with class A robbery, Ind.Code § 35-42-5-1 (Burns 1979 Repl.). Sloan was tried to a jury and convicted, and the trial court sentenced him to a twenty year prison term. On this appeal, appellant presents two issues for our review. These questions concern: (1) the sufficiency of the evidence; and (2) whether the trial court erroneously admitted photographs of the victim.

I.

Appellant argues the evidence is not sufficient to sustain the conviction. He asserts that the victim's testimony is totally unreliable, and that, therefore, the State did not prove appellant took the victim's money. This contention, however, overlooks our basic standard of review.

As we have explained countless times, when we review a question of sufficiency, we will look only to the evidence which supports the jury's verdict, and the reasonable inferences to be drawn therefrom. E. g., Goodpaster v. State, (1980) Ind., 402 N.E.2d 1239, 1242; Stanley v. State, (1980) Ind., 401 N.E.2d 689, 693; Ruetz v. State, (1978) 268 Ind. 42, 373 N.E.2d 152, 156. The purpose of this examination is to determine if there is substantial evidence of probative value from which the jury could have found Sloan guilty beyond a reasonable doubt. Id. Further, it is the jury's function to judge the credibility of witnesses, e.g., Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659, and the jury may believe whomever it wishes, e.g., Riggenbach v. State, (1979) Ind., 397 N.E.2d 953, 956; Sypniewski v. State, (1977) 267 Ind. 224, 368 N.E.2d 1359. With these principles in mind, we shall proceed to examine the sufficiency of the evidence in this case.

The evidence most favorable to the State reveals the following sequence of events. The victim, Elbert Levi, was patronizing the Harvester Bar in Indianapolis, when he and appellant were introduced by a mutual acquaintance. A short time later, Levi indicated he was driving to a restaurant a short distance from the bar. Appellant Sloan announced at that time that he was without transportation, and, when Levi learned that appellant wanted to go to a location which was on the way to the restaurant, Levi offered him a ride. The two then departed in Levi's car. Levi drove for some distance, with appellant Sloan giving him directions and telling him where to turn. After several such turns, appellant said: "You can let me out along here anywhere." Levi testified that he then started to slow down. As the car was coming to a stop, Levi felt something hit him in the head. Appellant then jumped onto the seat and began beating Levi. The victim opened his door and fell out of the car onto the pavement. He testified that Sloan jumped out of the car and continued to beat and stomp on him. Levi further testified that Sloan repeatedly stated, "Give me that wallet," as he was beating Levi. When Levi lay still, Sloan rolled him onto his stomach and removed his wallet. After ransacking Levi's automobile, Sloan left the scene. Levi testified that his wallet contained nearly three-hundred ($300) dollars at the time he was attacked. Levi received lacerations, abrasions and severe bruises about the face, head and neck from this attack. The extensive damage to Levi's mouth required the surgical removal of all those teeth which had not been knocked out during the beating.

Police apprehended appellant Sloan a short time later, after obtaining from other patrons of the Harvester Bar a description of the person Levi left with. Sloan was taken to the hospital where Levi was being treated, and Levi identified him as his assailant. Sloan was then placed under arrest for this robbery. When Sloan was searched, two hundred and seventy-seven ($277) dollars were found in his possession.

Appellant Sloan admits that he was with the victim and had an opportunity to commit the robbery. In fact, Sloan testified in his own defense at trial, and admitted administering a severe beating to the victim. He claims, however, that he beat and kicked Levi because Levi had made a homosexual advance toward him while they were riding in the car. Levi denied any such advance. Sloan claimed the severity of the beating was due to his "intoxification (sic)." He stated that he ran away after the attack on Levi, and denied taking Levi's wallet. Sloan theorizes that some third person must have robbed Levi after Sloan departed. No instructions on the defenses of intoxication or self-defense were tendered by Sloan or given by the court.

The jury was, of course, free to reject appellant's testimony and his explanation of the attack. Riggenbach v. State, supra ; Sypniewski v. State, supra. Based on the testimony of the victim alone, we believe there was substantial evidence of probative value from which the jury could have found that Sloan took Levi's wallet and the money it contained by using force, and that the offense resulted in serious bodily injury to Levi. See Ind.Code § 35-42-5-1, supra. See also Proctor v. State, (1979) Ind., 397 N.E.2d 980; Cox v. State, (1978) 267 Ind. 568, 372 N.E.2d 176.

Appellant also contends that the jury's guilty verdict, in the face of this alleged lack of evidence, operated to deny him the presumption of innocence. Apparently, this argument suggests that the jury could not have found Sloan...