History
  • No items yet
midpage
George Stigger v. State of Indiana (mem. dec.)
49A02-1612-CR-2822
| Ind. Ct. App. | Jun 28, 2017
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: George Stigger v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Jun 28, 2017
Docket Number: 49A02-1612-CR-2822
Court Abbreviation: Ind. Ct. App.