Darius Dashawn Anderson v. State of Indiana (mem. dec.)
71A04-1611-CR-2693
| Ind. Ct. App. | May 18, 2017Background
- On March 24, 2016, Darius Anderson and Dwayne Johnson rode with victims Candice Kramer and Tiffany Hisler; after socializing, Kramer agreed to drive them back to Mishawaka.
- While en route, Johnson directed Kramer to park by a dumpster; both men then produced handguns and demanded the women’s belongings.
- Both men reached into the car; Johnson tried to open the passenger door, Anderson opened the driver’s door, attempted to pull Kramer and her bag from the vehicle, and punched Kramer during the struggle.
- The men fled together; police later located them together at a nearby apartment complex.
- Anderson was charged with two counts of level 3 felony attempted robbery, tried by bench trial, found guilty, and sentenced to consecutive four-year terms (eight years total).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted robbery convictions | State: testimony showed Anderson was armed, demanded property, and participated in the struggle, supporting convictions as principal or accomplice. | Anderson: evidence was insufficient because of an "evidentiary discrepancy" about whether he was armed and his level of participation; at best Johnson was the principal. | Affirmed — testimony that both men pointed guns, demanded belongings, and Anderson’s active conduct (attempting to grab the bag, punching Kramer, fleeing with Johnson) was sufficient to convict as principal or accomplice. |
Key Cases Cited
- Bell v. State, 31 N.E.3d 495 (Indiana 2015) (standard for sufficiency-of-the-evidence review)
- Stokes v. State, 919 N.E.2d 1240 (Ind. Ct. App. 2010) (no distinction between principal and accomplice; factors for aiding/abetting)
