Danny R. Aiman v. State of Indiana (mem. dec.)
48A02-1608-CR-1904
Ind. Ct. App.Mar 29, 2017Background
- On Feb 23, 2016, Karen discovered Christopher Aynes’s home had a broken kitchen window and missing electronic items (two TVs and speakers) that were present the previous day.
- Police responded and observed the broken kitchen window as the apparent entry point; a theft investigation followed.
- Evidence showed Danny R. Aiman borrowed a silver Chevy Venture from Heather Peek, picked up Heather Bilbrey, entered Christopher’s home through a window, and removed multiple electronics which were later found in Bilbrey’s garage.
- Bilbrey testified she watched Aiman crawl through the window, open the front door, load items into the van, and place them in her garage; Peek corroborated that Aiman had borrowed her van and returned with Bilbrey as a passenger.
- Aiman was charged with Level 4 burglary and Level 6 theft; the State later added a habitual-offender enhancement. At a bench trial, the court found Bilbrey credible, rejected alternate-perpetrator testimony, and convicted Aiman; sentence (with enhancement) totaled 18 years (three years suspended).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary | State: direct and corroborated testimony proved Aiman broke and entered with intent to steal | Aiman: evidence insufficient; only Bilbrey places him at scene and she is unreliable | Court: Evidence sufficient; Bilbrey’s direct testimony corroborated by Peek and recovery of goods supports conviction |
| Sufficiency of evidence for theft | State: Aiman knowingly exerted unauthorized control over property valued >$750 | Aiman: Bilbrey or others could have committed theft; circumstantial evidence inadequate | Court: Reasonable inferences from testimony and corroboration support theft conviction |
| Credibility of accomplice witness (Bilbrey) | State: Bilbrey’s testimony detailed and corroborated, supported verdict | Aiman: Bilbrey had drug history and granted use immunity so her testimony is suspect | Court: Credibility determinations are for factfinder; trial court reasonably found Bilbrey credible |
| Alternative-perpetrator theory | State: identification and corroboration outweigh alternate suspect evidence | Aiman: Karen suspected another person (McKay); witness Lane testified to other suspects | Court: Trial court found alternate-perpetrator testimony not believable; conviction affirmed |
Key Cases Cited
- Gray v. State, 797 N.E.2d 333 (Ind. Ct. App. 2003) (standard for reviewing sufficiency of evidence; defer to factfinder on credibility)
- Oeth v. State, 775 N.E.2d 696 (Ind. Ct. App. 2002) (review limited to evidence favorable to the judgment)
- Baker v. State, 968 N.E.2d 227 (Ind. 2012) (circumstantial evidence may support conviction if reasonable inferences allow it)
- Brown v. State, 827 N.E.2d 149 (Ind. Ct. App. 2005) (appellate review asks whether reasonable inferences support the verdict, not whether all hypotheses of innocence are excluded)
- Maxwell v. State, 731 N.E.2d 459 (Ind. Ct. App. 2000) (sufficiency inquiry focuses on whether reasonable minds could reach the trier of fact’s inferences)