Eugene D. White v. State of Indiana (mem. dec.)
02A03-1705-CR-1156
| Ind. Ct. App. | Nov 7, 2017Background
- Early morning of Aug. 5, 2016, homeowner Philip Adelman discovered his back door open and several items missing, including a 32-inch TV, laptop, backpack, and a knife.
- A removed security bar and a window screen in the yard supported a forced entry/burglary at Adelman’s dwelling.
- Minutes later Detective Billingsley saw Eugene White a few blocks away carrying a large television and wearing a backpack; White set the TV down and fled when approached.
- Police arrested White, obtained a warrant to search his backpack, and found Adelman’s laptop, power cord, mouse/pad, and a knife; Adelman identified these items and the TV as his.
- White was charged with Level 4 felony burglary and Class A misdemeanor resisting law enforcement; a jury convicted him and the trial court imposed concurrent sentences totaling ten years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary | Evidence (possession of recently stolen goods near scene shortly after report, flight, implausible explanation) supports inference White committed burglary | Possession alone does not prove White was the burglar; no direct evidence of who broke in or exactly when burglary occurred | Affirmed: circumstantial evidence (recent unexplained possession, proximity, flight, implausible excuse) sufficient to support burglary conviction |
| Appropriateness of ten-year aggregate sentence (Ind. Appellate Rule 7(B)) | Sentence within statutory range and warranted by offense and defendant’s criminal history, including prior burglary and repeated contacts with justice system | Ten-year sentence is excessive given facts and defendant’s character (argued) | Affirmed: not inappropriate given nature of offenses, flight, prior similar convictions, and repeated probation failures |
Key Cases Cited
- Gray v. State, 957 N.E.2d 171 (2011) (standard for reviewing sufficiency of evidence)
- Bailey v. State, 907 N.E.2d 1003 (2009) (affirming review if reasonable jury could find guilt beyond a reasonable doubt)
- Allen v. State, 743 N.E.2d 1222 (2001) (possession of recently stolen property can support burglary conviction; circumstantial evidence may suffice)
- Knapp v. State, 9 N.E.3d 1274 (2014) (Rule 7(B) review should give substantial deference to trial court and focus on outliers)
- Chambers v. State, 989 N.E.2d 1257 (2013) (principles guiding appellate review of sentence appropriateness)