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Darius Dashawn Anderson v. State of Indiana (mem. dec.)
71A04-1611-CR-2693
| Ind. Ct. App. | May 18, 2017
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Background

  • 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)
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Case Details

Case Name: Darius Dashawn Anderson v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: May 18, 2017
Docket Number: 71A04-1611-CR-2693
Court Abbreviation: Ind. Ct. App.