George Stigger v. State of Indiana (mem. dec.)
49A02-1612-CR-2822
| Ind. Ct. App. | Jun 28, 2017Background
- On Feb. 6, 2016, George Stigger entered a Lowe’s with a friend; surveillance showed neither had the faucet when entering but later had the faucet in a Lowe’s plastic bag in their cart.
- Stigger presented the faucet at customer service without a receipt and provided his driver’s license for identification.
- Lowe’s associate processed a cashless return, issuing a Lowe’s gift/merchandise card worth $245.03 ($229.00 for the faucet plus $16.03 tax).
- Store loss-prevention review confirmed the faucet was taken from the plumbing aisle where Stigger and his companion were observed selecting it, and the ID matched BMV records.
- Stigger was charged with and convicted by a jury of Class A misdemeanor theft; sentenced to 60 days (credit for time served, remainder on home detention). He appealed, challenging sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to sustain theft conviction | State: Surveillance, the return without receipt using Stigger’s ID, and the resulting gift card support finding Stigger knowingly exerted unauthorized control over Lowe’s property. | Stigger: Evidence insufficient; challenges proof that he knowingly/intentionally deprived Lowe’s of value. | Affirmed: Viewing evidence and reasonable inferences in favor of the verdict, a reasonable fact-finder could conclude guilt beyond a reasonable doubt. |
Key Cases Cited
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (describes standard for appellate sufficiency review and viewing evidence most favorably to verdict)
- Baker v. State, 968 N.E.2d 227 (Ind. 2012) (reaffirms sufficiency review focuses on reasonable inferences supporting verdict)
- Stewart v. State, 768 N.E.2d 433 (Ind. 2002) (appellate courts must not reweigh evidence or assess witness credibility)
