Jon E. Garcia v. State of Indiana
2012 Ind. App. LEXIS 508
| Ind. Ct. App. | 2012Background
- Garcia and Salazar, members of the Vatos Locos gang, engaged in a shooting after Salazar defected from the gang.
- On October 24, 2009, Salazar and his uncle were in a car in Goshen when Garcia, in the passenger seat, fired multiple bullets into their vehicle.
- Garcia was charged with Class C felony criminal recklessness and two counts of Class D felony criminal recklessness.
- At trial, Garcia moved for a directed verdict on the Class C felony charge arguing the vehicle was not a “place where people are likely to gather.”
- The trial court denied the motion; the jury convicted Garcia of the Class C felony and one Class D felony count; Garcia was sentenced to ten years with two suspended to probation.
- Garcia appeals, arguing error in the denial of his directed verdict motion
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court correctly denied the directed-verdict motion on the Class C charge. | Garcia contends the vehicle is not a “place where people are likely to gather.” | State contends a vehicle can be a place where people are likely to gather under the statute. | Yes; the vehicle can be a “place where people are likely to gather,” so error is not shown. |
Key Cases Cited
- Farris v. State, 753 N.E.2d 641 (Ind. 2001) (standard for judgments on evidence; prima facie case required)
- State v. Taylor, 863 N.E.2d 917 (Ind. Ct. App. 2007) (review standard for directed verdict; consider evidence in light favorable to non-movant)
- Scalpelli v. State, 827 N.E.2d 1193 (Ind. Ct. App. 2005) (statutory interpretation of ambiguous terms by plain language)
- Goodrich v. State, 504 N.E.2d 1023 (Ind. 1987) (proof beyond a reasonable doubt not required for judgment on evidence)