Bryson Tyrone Street v. State of Indiana
2015 Ind. App. LEXIS 362
| Ind. Ct. App. | 2015Background
- On June 11, 2014, Bryson Tyrone Street forced entry into Michael Corn and Bria Benjamin’s home, demanded money, grabbed marijuana, produced a .25 caliber handgun, and shot Corn in the thigh; a child (J.T.) lived in Street’s residence and slept in the same bed as Street.
- Neighbors and victims identified the intruder as Street; police executed a warrant the same day and seized clothing, bandanas, ammunition, firearms, and a loaded .22 revolver from Street’s residence; a .25 caliber gun and marijuana were found on Street during booking and ballistics matched the .25 to the shots fired.
- The State charged Street with burglary (Class A), attempted robbery (Class A and Class B alternatives), battery by a deadly weapon (Class C), criminal recklessness (Class D), neglect of a dependent (Class D) for endangering J.T., carrying a handgun without a license (Class C), possession of marijuana (misdemeanor), and alleged habitual-offender status.
- At trial the jury convicted Street on all counts; two brief video statements referencing Street’s prior incarceration were played without objection, after which the court admonished the jury to disregard any references to prior convictions.
- The trial court sentenced Street to an aggregate term of 78 years, including a separate consecutive 30-year sentence for the habitual-offender finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions violate Indiana double jeopardy when multiple offenses are enhanced by the same bodily injury | State conceded overlap between Class A burglary (enhanced by bodily injury) and Class A attempted robbery; urged reinstatement/adjustment of other robbery/battery counts consistent with law | Street argued several convictions/levels must be vacated because the same injury/facts were used to elevate multiple counts | Court vacated Count II (attempted robbery A), reinstated Count III as robbery Class C, reduced Count IV from battery Class C to Class B misdemeanor; remanded for resentencing |
| Whether admission of two brief videos referencing prior incarceration was fundamental error | State: admission was harmless given admonishment and overwhelming evidence tying Street to the crime | Street: the jury likely relied on knowledge of prior incarceration, prejudicing his right to fair trial | Court: no fundamental error—admonishment presumed followed; statements were isolated and record contained strong independent evidence of guilt |
| Sufficiency of evidence for neglect of a dependent (endangering J.T.) | State: evidence showed Street voluntarily cared for J.T. (slept in same bed) and had a loaded firearm on the bed, creating endangerment | Street: argued State failed to show he voluntarily assumed care of J.T. | Court: affirmed—reasonable juror could find Street voluntarily assumed care and placed J.T. in danger |
| Whether habitual-offender enhancement was improperly imposed as a separate consecutive sentence | State conceded error in sentencing approach | Street argued the enhancement should not be a freestanding consecutive sentence | Court: agreed; remanded with instructions to impose habitual-offender enhancement as a sentence enhancement (not a separate consecutive term) |
Key Cases Cited
- Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (explains statutory-elements and actual-evidence tests for Indiana double jeopardy)
- Pierce v. State, 761 N.E.2d 826 (Ind. 2002) (holds burglary elevated by bodily injury cannot be paired with robbery elevated by same bodily injury)
- Campbell v. State, 622 N.E.2d 495 (Ind. 1993) (reduces battery when its enhancement duplicates the injury basis of an elevated burglary)
- Hendrix v. State, 759 N.E.2d 1045 (Ind. 2001) (habitual-offender finding is a sentence enhancement, not a separate crime or independent sentence)
- Thompson v. State, 690 N.E.2d 224 (Ind. 1997) (evidence of prior convictions is highly prejudicial)