Joseph Fuentes v. State of Indiana
10 N.E.3d 68
| Ind. Ct. App. | 2014Background
- Fuentes was convicted in St. Joseph Superior Court of attempted murder, possession of a firearm by a felon, criminal recklessness, and resisting law enforcement, and sentenced to 40 years total.
- AR-15 rifle was found in the trunk of Fuentes’s car after a police pursuit and arrest.
- Fuentes moved to admit or exclude photographs of items found in the car, including the rifle, arguing irrelevance and prejudice.
- The State charged Fuentes with additional counts including intimidation and carrying a handgun without a license, later dismissed one count.
- A bifurcated trial proceeded on most charges with Fuentes later pleading guilty to felon-in-possession of a firearm; sentences were merged and executed as described.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the rifle evidence was admissible | State; rifle was relevant to Fuentes’s motive to flee | Fuentes; evidence was irrelevant and prejudicial | No abuse of discretion; rifle evidence admissible |
| Whether the jury instruction to continue deliberating was error | State; no Allen charge, proper encouragement to deliberate | Fuentes; instruction impermissibly pressured jury | Not fundamental error; instruction did not coercively compel a verdict |
| Whether the evidence sufficed for attempted murder | State; Fuentes fired at officer head-level, showed intent to kill | Fuentes; improvement needed in proof of discharge toward officer | Sufficient evidence; directed at officer and fired; supported intent to kill |
Key Cases Cited
- Rogers v. State, 897 N.E.2d 955 (Ind. Ct. App. 2008) (standard for evidentiary discretion on admission of evidence)
- Jackson v. State, 973 N.E.2d 1123 (Ind. Ct. App. 2012) (relevance and prejudice balancing under Rule 403)
- Baker v. State, 948 N.E.2d 1169 (Ind. 2011) (waiver and fundamental error principles for jury instructions)
- Lewis v. State, 424 N.E.2d 107 (Ind. 1981) (Allen charge – jury deadlock guidance scrutiny)
- Leon v. State, 525 N.E.2d 331 (Ind. 1988) (discharging a weapon toward a victim supports intent to kill)
- Henley v. State, 881 N.E.2d 639 (Ind. 2008) (ineffective assistance argument for insufficient evidence in attempted murder context)
- Davis v. State, 558 N.E.2d 811 (Ind. 1990) (evidence of firing at pursuing officer supports attempted murder conviction)
- Reese v. State, 939 N.E.2d 695 (Ind. Ct. App. 2011) (multiple shots at pursuing officer supports intent to kill)
- Perez v. State, 872 N.E.2d 208 (Ind. Ct. App. 2007) (evidence firing toward occupants supports intent to kill)
- Lowery v. State, 478 N.E.2d 1214 (Ind. 1985) (harmless error doctrine for unobjected evidence)