985 N.E.2d 25
Ind. Ct. App.2013Background
- Maldonado-Morales was convicted of domestic battery in the presence of a child, a Class D felony, after a jury trial.
- In November 2009, he argued with Ana Justo and her boyfriend Victor Ortega; Justo and Ortega retrieved a note Maldonado-Morales left on Justo’s truck.
- Maldonado-Morales remained in the parking lot; a heated confrontation ensued between him and Ortega, during which Justo was punched and injured, with their toddler present.
- The jury was instructed on transferred intent; Maldonado-Morales objected, but the court overruled the objection.
- The trial court instructed that if one intends to injure one person but injures another, the intent is transferred and can support a domestic battery conviction.
- The jury found Maldonado-Morales guilty and sentenced him to two years with all but 116 days suspended; he appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transferred intent instruction was proper | State argues instruction correctly stated law and applied to facts. | Maldonado-Morales contends the instruction misstates law due to differing mens rea for battery vs. domestic battery. | Instruction not abusive; transferred intent properly applied. |
Key Cases Cited
- Treadway v. State, 924 N.E.2d 621 (Ind. 2010) (abuse of discretion standard for jury instructions)
- Mayes v. State, 744 N.E.2d 390 (Ind. 2001) (three-part test for evaluating tendered instructions)
- D.H. v. State, 932 N.E.2d 236 (Ind. Ct. App. 2010) (transferred intent; culpability applies to prohibited conduct elements)
- Markley v. State, 421 N.E.2d 20 (Ind. Ct. App. 1981) (culpability applies to prohibited conduct elements)