David Garden v. State of Indiana (mem. dec.), 49A02-1606-CR-1337

Background

David Garden ran a series of fraudulent real‑estate schemes (2010–2014), obtaining owners’ signatures on documents by misrepresenting their purpose and then leasing/selling or placing tenants in the properties without owners’ true consent.
He was charged in 2014 with 27 felonies (racketeering allegation, multiple counts of Class C forgery and Class D theft); two theft counts were dismissed and three theft counts resulted in acquittals; jury convicted on 22 counts including eleven forgery counts.
Garden was sentenced to an aggregate 24 years (3 years executed in DOC, 3 years community corrections, 18 years suspended, and probation), and appealed asserting insufficient evidence for six Class C forgery convictions (Counts 6, 11, 15, 16, 18, 24).
The contested counts involve separate victims and properties: Wagner (Count 11), Finley (Counts 15 & 16), Linwood (Counts 6 & 18), and Lockburn (Count 24) — each situation involved Garden procuring signatures or presenting instruments that purported authority the owners had not given.
Trial evidence showed Garden induced owners to sign quitclaim deeds, powers of attorney, listing or sale agreements, or presented leases/purchase agreements to third‑party occupants; owners testified they were misled about the documents’ purpose and did not intend transfer or authorization.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for Count 11 (Wagner quitclaim)	State: Garden obtained McCalep’s signature by fraud, making the deed appear authorized by McCalep when it was not.	Garden: (claimed consent/authority) — argued evidence did not prove forgery beyond reasonable doubt.	Court: Evidence sufficient; fraudulent procurement made the instrument appear authorized.
Sufficiency for Count 15 (Finley quitclaim)	State: Garden procured Pope’s signature by deception to sell the property, not to transfer title.	Garden: lack of intent to defraud / owner consent.	Court: Evidence sufficient; deceit showed forgery.
Sufficiency for Count 16 (Finley Lease with Option)	State: Garden uttered a lease-option to tenants that purported Pope’s authority though Pope did not consent.	Garden: tenants’ reliance and owner's supposed delegation dispute insufficient to prove forgery.	Court: Evidence sufficient; utterance of fraudulent instrument established forgery.
Sufficiency for Count 6 (Linwood quitclaim)	State: Donald Shackelford was misled into signing a quitclaim; Garden lacked authority to transfer.	Garden: argued owner consent or lack of fraudulent intent.	Court: Evidence sufficient; signature obtained by fraud supported forgery conviction.
Sufficiency for Count 18 (Linwood Agreement to Sell)	State: Garden presented an agreement claiming he (or his company) owned title and could sell; Shackelford did not consent.	Garden: disputed authority and good‑faith assertions of ownership.	Court: Evidence sufficient; instrument falsely represented owner’s authority.
Sufficiency for Count 24 (Lockburn residential lease)	State: Garden leased an agreed‑vacant, uninhabitable property contrary to an HHCMC agreed entry and misled tenants; instrument purported authority by public entities.	Garden: argued tenant dealings and lease validity; no forgery because of consenting renters.	Court: Evidence sufficient; showing Garden knew property was to remain vacant and deceived tenants met forgery statute.

Key Cases Cited

Jordan v. State, 502 N.E.2d 910 (Ind. 1987) (interpreting forgery statute broadly to include acts that fraudulently make an instrument appear to have authority it lacks)
Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard for appellate review of sufficiency: view probative evidence and reasonable inferences in favor of verdict)
Baker v. State, 968 N.E.2d 227 (Ind. 2012) (reaffirming that appellate courts assess whether reasonable inferences support the verdict)
Stewart v. State, 768 N.E.2d 433 (Ind. 2002) (appellate courts may not reweigh evidence or assess witness credibility)