Arbie Clay, Jr. v. State of Indiana (mem. dec.)
34A04-1702-CR-282
Ind. Ct. App.Jul 19, 2017Background
- On April 20, 2016, Arbie Clay Jr. entered the Handle Bar in Kokomo, took about $300 from the cash box behind the counter, and pushed bartender Angelia Sharp as he left, injuring her arm.
- Sharp and patrons saw Clay flee in a dark SUV; police located a matching SUV and attempted a traffic stop.
- Clay led officers on a vehicle chase, stopped, fled on foot, struck Officer Hector, and grabbed at Officer Moody’s pistol before being subdued and arrested.
- Clay was charged with Robbery (Level 5), Attempted Disarming of a Law Enforcement Officer (Level 5), two counts of Resisting Law Enforcement (Level 6 and Class A misdemeanor), and Battery on a Public Safety Official (Level 6).
- At trial Clay testified he was guilty of Theft but not Robbery; the court refused a Theft instruction, instructed on Robbery (including a definition of “fear”), and the jury convicted him on all counts.
- The trial court imposed an aggregate six-year sentence; Clay appealed arguing erroneous jury instructions and insufficient evidence for Robbery.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Clay) | Held |
|---|---|---|---|
| Whether jury instructions on Robbery improperly enlarged the charge | Instructions correctly stated statutory elements (including fear) and were supported by evidence | Instructions introduced a fear theory not alleged in the charging information, prejudicing Clay | Affirmed: Clay waived objection by not objecting at trial; instructions were legally correct and supported by evidence |
| Whether evidence was sufficient to convict of Robbery | Force used (pushing Sharp) was contemporaneous with taking and supported robbery conviction | Pushing occurred while fleeing and did not satisfy the statute’s force element; he only admitted Theft | Affirmed: evidence permitted a reasonable jury to find force closely connected in time/place to the taking, satisfying robbery elements |
Key Cases Cited
- Davenport v. State, 749 N.E.2d 1144 (Ind. 2001) (standards for reviewing jury instruction rulings)
- Young v. State, 725 N.E.2d 78 (Ind. 2000) (force used in flight can satisfy robbery when closely connected to the taking)
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard for reviewing sufficiency of the evidence)
- Kellett v. State, 716 N.E.2d 975 (Ind. Ct. App. 1999) (a defendant cannot stipulate away the prosecution’s full evidentiary case)
- Rigsby v. State, 582 N.E.2d 910 (Ind. Ct. App. 1991) (definition of "fear" for robbery convictions)