Garold E. Colinot v. State of Indiana (mem. dec.)
70A01-1611-CR-2754
| Ind. Ct. App. | Jun 29, 2017Background
- On Nov. 20, 2015, Garold E. Colinot attended a bonfire at Garrick Fitch’s father’s property with Garrick Fitch and Tommy Woods; alcohol had been consumed.
- Colinot allegedly pushed Woods into the fire and pinned him with his knee until Fitch intervened; Woods sustained burns requiring skin grafts and hospital treatment.
- Woods was treated at Hancock Regional Hospital on Nov. 21; medical records (Ex. 6) were admitted at trial and contained an affidavit that mistakenly named Colinot as the patient while the remainder of the records named Woods.
- Colinot gave a videotaped statement claiming he was hit on the head and unintentionally fell with Woods into the fire.
- A jury convicted Colinot of Level 6 battery (moderate bodily injury) and Level 5 battery (serious bodily injury); judgment was entered on the Level 5 count and he was sentenced to three years (two executed).
- Colinot appealed challenging (1) sufficiency of the evidence for Level 5 battery and (2) admission of Woods’s medical records whose affidavit misnamed the defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Level 5 battery (serious bodily injury) | State: testimony and medical records support that Colinot knowingly pushed/pinned Woods into the fire causing serious injury | Colinot: witness inconsistencies and intoxication render testimony insufficient | Affirmed — reasonable juror could find guilt beyond a reasonable doubt; credibility/inconsistencies for jury to resolve |
| Admission of medical records with affidavit misnaming defendant (fundamental error) | State: records were admissible and showed Woods’s injuries; mistake was a scrivener’s error | Colinot: misnaming in affidavit prejudiced him and amounted to fundamental error | Affirmed — error was minor/scrivener’s, no showing of prejudice or denial of fair trial; issue waived absent objection and not fundamental error |
Key Cases Cited
- McHenry v. State, 820 N.E.2d 124 (Ind. 2006) (standard of review for sufficiency claims; appellate court does not reweigh evidence)
- Henley v. State, 881 N.E.2d 639 (Ind. 2008) (reasonable-inference standard for sufficiency review)
- Klaff v. State, 884 N.E.2d 272 (Ind. Ct. App. 2008) (deference to jury on witness credibility)
- Bailey v. State, 979 N.E.2d 133 (Ind. 2012) (reaffirming appellate deference to juror credibility determinations)
- Jewell v. State, 887 N.E.2d 939 (Ind. 2008) (issue preservation; failure to object waives evidentiary objection)
- Gordon v. State, 981 N.E.2d 1215 (Ind. Ct. App. 2013) (standard for fundamental error review)