Wieland v. State

• Decision Date: 13 October 2000
• Docket Number: No. 49S00-9908-CR-423.,49S00-9908-CR-423.
• Citation: 736 N.E.2d 1198
• Parties: Stephen Clark WIELAND, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.
• Court: Indiana Supreme Court

736 N.E.2d 1198

Stephen Clark WIELAND, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

No. 49S00-9908-CR-423.

Supreme Court of Indiana.

October 13, 2000.

Gregory Bowes, Indianapolis, Indiana, for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General, Indianapolis, Indiana, for Appellee.

DICKSON, Justice

The defendant, Stephen Clark Wieland, was convicted of the January 3, 1998, felony murder¹ of Gary Hoffman; robbery, a class A felony;² attempted robbery, a class A felony;³ conspiracy to commit robbery, a class A felony;⁴ and two counts of criminal confinement, class B felonies.⁵ This appeal raises two issues: sufficiency of the evidence and double jeopardy.

Sufficiency of the Evidence

Wieland contends that the evidence presented at trial was insufficient to support his convictions for felony murder, robbery, attempted robbery, conspiracy to commit robbery, and confinement. He urges that the evidence did not show that he participated in these offenses any more than to witness them and fail to prevent them.

In reviewing a claim of insufficient evidence, we will affirm the conviction unless, considering only the evidence and reasonable inferences favorable to the judgment, and neither reweighing the evidence nor judging the credibility of the witnesses, we conclude that no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. Jenkins v. State, 726 N.E.2d 268, 270 (Ind. 2000); Webster v. State, 699 N.E.2d 266, 268 (Ind.1998); Hodge v. State, 688 N.E.2d 1246, 1247-48 (Ind.1997).

Wieland's convictions arise from an episode that occurred at an Indianapolis Village Pantry convenience store. The principal evidence consisted of the store surveillance camera videotape recording of the event and the testimony of the two store clerks present at the time of the robbery, a passerby who arrived as the crime concluded, a police detective, and co-defendant Larry Boyce.⁶ The facts favorable to the judgment show that Wieland and his companions, Boyce and Casey Priest, were talking on Boyce's father's porch. At one point, a discussion of Wieland's loyalties to Priest took place, and Priest challenged Wieland to steal some popcorn and a drink from a nearby Village Pantry convenience store. As they walked across the store parking lot, Priest said: "Watch my back, I'm gonna get `em." Record at 219. Wieland understood this to mean that Priest intended to commit a robbery. Wieland and Boyce knew Priest was armed with a handgun. The three entered the store and selected various items. Then they approached the checkout counter, and Priest pointed a handgun at Michael Graham, a store clerk, and told another store employee, Gloria Wallace, who was facing away from Priest, not to turn around. Then Priest told Graham that he wanted "all the money." Record at 171. Holding Graham at gunpoint, Priest walked him over to the cash register, and Graham opened the register and gave Priest its contents. Wieland and Boyce watched the robbery, and the three left the store together, with Wieland and Boyce exiting first with the food they had taken without purchase. As Priest exited, he encountered a grocery deliveryman, Gary Hoffman, and after demanding his money at gunpoint, Priest shot and killed him before he responded. Wieland and Boyce were seen laughing as they began to run after exiting the store. After returning to Boyce's father's house, the three men ate the food they had stolen, and Priest gave Wieland and Boyce some of the money taken from the cash register. Soon thereafter, Priest and Boyce fled to Illinois.

The State's case was based primarily upon the criminal liability of Wieland and Boyce as Priest's accomplices. Wieland acknowledges that he can be held accountable for the acts of others done in furtherance of a jointly undertaken criminal activity. He points to evidence that he "wasn't sure really" what Priest meant when he spoke of his intention to rob the store. Record at 228. Wieland argues that there was no evidence that he "actively participated" in the crimes, other than his presence, and that Priest was acting on his own, both as to the robbery of Graham and as to the attempted robbery and murder of Hoffman.

Under the accomplice liability statute, a person "who knowingly or intentionally aids, induces, or causes another person to commit an offense commits that offense." IND. CODE § 35-41-2-4. Factors considered by the fact-finder to determine whether a defendant aided another in the commission of a crime include: (1) presence at the scene of the crime; (2) companionship with another engaged in a crime; (3) failure to oppose the commission of the crime; and (4) the course of conduct before, during, and after the occurrence of the crime. Edgecomb v. State, 673 N.E.2d 1185, 1193 (Ind.1996); Johnson v. State, 490 N.E.2d 333, 334 (Ind.1986). While the defendant's presence during the commission of the crime or his failure to oppose the crime are, by themselves, insufficient to establish accomplice liability, the trier of fact may consider them along with the factors above to determine participation. Echols v. State, 722 N.E.2d 805, 807 (Ind.2000); Burkes v. State, 445 N.E.2d 983, 987 (Ind.1983); Harris v. State, 425 N.E.2d 154, 156 (Ind.1981). Furthermore, accomplice liability applies to the contemplated offense and all acts that are a probable and natural consequence of the concerted action. McGee v. State, 699 N.E.2d 264, 265 (Ind.1998). An accomplice may be held accountable for a murder performed by another during the person's departure from the crime scene. See, e.g., Seeley v. State, 544 N.E.2d 153, 156-57 (Ind.1989)

(conviction for felony murder of victim intentionally killed by accomplice during escape); Mauricio v. State, 476 N.E.2d 88, 92 (Ind.1985) (conviction for felony murder where accomplice killed victim after defendant had already left scene in snowmobile stolen from victim). But cf. Kelly v. State, 719 N.E.2d 391, 396 (Ind.1999) (upholding trial court's judgment on the evidence notwithstanding a jury verdict finding a defendant guilty of murder where sole evidence established that the killing was spontaneous after the defendant had left the scene).

Applying our standard of review, considering only the probative evidence that supports the judgment, we find that the evidence was sufficient. As Priest's companion, Wieland accompanied him into the store, knowing that Priest was armed and intended to rob the store. Wieland did nothing to oppose the commission of any of the crimes. He did not withdraw from the enterprise. To the contrary, he entered the store with Priest, personally took store merchandise, stood nearby Priest and watched as Priest confined the store employees and committed robbery, left the store and escaped from the scene in the company of Priest, and later shared in the money obtained by Priest in the robbery. From this evidence, a reasonable trier of fact could have determined beyond a reasonable doubt that Wieland was guilty based on accomplice liability of robbery, felony murder, attempted robbery, and two counts for confinement.

Wieland also challenges the sufficiency of the evidence supporting his conviction for conspiracy to commit robbery, arguing that the State did not show an agreement existed between Priest and Wieland. A person commits the crime of conspiracy when: (1) with intent to commit a felony; (2) the person agrees with another person to commit the felony; and (3) an overt act is performed by the defendant or the person with whom the defendant made the agreement in furtherance of that agreement. IND. CODE § 35-41-5-2. In proving the agreement element, the State is not required to show an express formal agreement, and proof of the conspiracy may rest entirely on circumstantial evidence. Bailey v. State, 717 N.E.2d 1, 3 (Ind.1999).

Applying our standard of review, we find the evidence was sufficient to support Wieland's conviction for conspiracy to commit robbery. Wieland and Priest agreed to steal food from the store. Knowing that Priest carried a handgun, Wieland understood Priest's instructions, "Watch my back, I'm gonna get `em," to mean that Priest intended to commit robbery. Wieland did not withdraw from the enterprise, and Priest proceeded to enter the store while armed to commit the robbery. From these facts, a reasonable fact-finder could have found beyond a reasonable doubt that Wieland, with the intent to commit robbery, agreed with Casey Priest to commit the robbery, in furtherance of which Priest performed the charged overt act of entering the store armed with a handgun.

Double Jeopardy

Wieland contends that the trial court improperly imposed multiple punishments for the same offense, contrary to the Double Jeopardy Clause, Article I, Section 14, of the Indiana Constitution, and thus he cannot be convicted: (1) of felony murder and either the robbery of Graham or the attempted robbery of Hoffman; (2) of both conspiracy to commit robbery and the robbery of Graham; or (3) of both the robbery of Graham and either confinement count. He also contends that some of his sentencing enhancements violate double jeopardy principles.

The State concedes that Wieland cannot be sentenced for both felony murder and the underlying felony, but argues that he can be sentenced for both the felony murder based on the robbery of Graham and for the attempted robbery of Hoffman. Having found Wieland guilty on Count 2 (felony murder of Hoffman in the course of the robbery of Graham) and Count 4 (felony murder of Hoffman in the course of the attempted robbery of Hoffman), the trial court declared the latter merged into the former.⁷ Thus, Wieland stands convicted and sentenced on the Count 2 felony murder charge. We accept the State's concession that Wieland's conviction in Count 3 (robbery of Graham) must be vacated due to his felony murder conviction in Count 2 based on...