David Pace v. State of Indiana (mem. dec.)
71A04-1604-CR-844
| Ind. Ct. App. | Aug 24, 2016Background
- Owner Jason Pfledderer leased 1401 Randolph Street to David Pace and his brother under a one-year lease beginning June 1, 2014; rent $550 monthly.
- Pace paid June rent but not July; Pfledderer filed eviction on July 7, 2014; small claims court granted possession on July 17, 2014.
- A Prejudgment Order of Possession gave Pace until midnight July 22, 2014 to vacate; Pfledderer changed locks on July 23 and did not permit reentry.
- On July 25, 2014 police responded; Pace answered the door and officers entered; Pfledderer observed window unlocked and screws removed; Pace was arrested with belongings still unpacked.
- Pace was charged with Class A misdemeanor criminal trespass for knowingly entering after being denied possession; bench trial resulted in conviction and 62 days executed; Pace appealed claiming insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Pace knowingly entered after being denied entry | State: evidence showed Pace remained after the possession deadline and was inside without permission on July 25 | Pace: contends Pfledderer gave permission to reenter and he used his key; he cooperated with police | Affirmed — substantial evidence supported conviction; credibility and weight were for the trier of fact |
Key Cases Cited
- Suggs v. State, 51 N.E.3d 1190 (Ind. 2016) (standard for reviewing sufficiency of the evidence and deference to factfinder)
- Horton v. State, 51 N.E.3d 1154 (Ind. 2016) (consideration limited to probative evidence and reasonable inferences supporting the judgment)
- Willis v. State, 27 N.E.3d 1065 (Ind. 2015) (conviction upheld if substantial probative evidence supports each element)
