Kenny Purvis v. State of Indiana
87 N.E.3d 1119
| Ind. Ct. App. | 2017Background
- In May 2015 Purvis and a group repeatedly entered a Logansport Walmart, quickly selected and concealed multiple video games (and at least one cell-phone box) in shopping carts or under clothing and left without paying; store asset-protection footage captured the conduct.
- On May 19 officers detained Purvis, Adam Wakefield, and Charlene Reiner; officers found over $400 of electronics and games concealed in a cart, Wakefield had hidden Walmart bags, and Purvis’s truck contained a Walmart bag with eight newly released video games. Purvis admitted the truck games were stolen and that Wakefield planned to steal from Walmart.
- Police discovered multiple Facebook posts from Purvis offering many “new/unopened” video games for sale at steep discounts; some items bore Walmart stickers and some sales occurred in the Walmart parking lot.
- The State charged Purvis with Level 6 felony theft, Level 6 felony conspiracy to commit theft, and Level 5 felony corrupt business influence (RICO); the jury convicted on all counts and the trial court imposed an aggregate executed sentence of 12 years (including a 6-year habitual-offender enhancement).
- Purvis appealed, arguing insufficiency of the evidence for each conviction and that his sentence was inappropriate given the nature of the offenses and his character.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Purvis) | Held |
|---|---|---|---|
| Sufficiency of evidence for theft (Level 6) | Video footage, concealment, items recovered in cart and truck, admissions, and Facebook sales support knowing, unauthorized control and value ≥ $750 | No proof Purvis left Walmart with stolen items; value of stolen goods not proven beyond speculation | Affirmed: circumstantial evidence, recovered games, and sales posts support theft and valuation to reach Level 6 |
| Sufficiency of evidence for conspiracy to commit theft (Level 6) | Repeated coordinated acts, same methods, same vehicle, and overt acts (concealment) permit inference of agreement | No express agreement shown; argues insufficient to infer conspiracy | Affirmed: coordination, repeated joint activity, and overt acts support conspiracy conviction |
| Sufficiency of evidence for corrupt business influence (RICO, Level 5) | Group constituted an enterprise (structure, repeated acts, resale motive); multiple predicate thefts form a pattern of racketeering activity | RICO not intended to reach these shoplifting incidents; compares to Robinson where RICO did not apply | Affirmed: facts show an organized enterprise, repeated similar thefts for resale, and a pattern—not isolated acts |
| Appropriateness of sentence under Ind. App. R. 7(B) | Sentence justified by leadership role, quantity/frequency of thefts, resale scheme, and extensive criminal history | Sentence inappropriate given relatively small loss to a large retailer and family/community ties; record not worst offender | Affirmed: deference to trial court; sentence not inappropriate given offense nature and Purvis’s prior record |
Key Cases Cited
- Bond v. State, 925 N.E.2d 773 (Ind. Ct. App.) (standard for sufficiency review: view evidence most favorable to verdict)
- Jackson v. State, 50 N.E.3d 767 (Ind.) (RICO: need to show pattern and continuity; not for sporadic acts)
- Robinson v. State, 56 N.E.3d 652 (Ind. Ct. App.) (RICO did not apply where acts were isolated and not part of an ongoing enterprise)
- K.F. v. State, 961 N.E.2d 501 (Ind. Ct. App.) (theft conviction may rest on circumstantial evidence without recovery/possession of stolen property)
- Miller v. State, 992 N.E.2d 791 (Ind. Ct. App.) (discussing enterprise structure for Indiana RICO)
- Waldon v. State, 829 N.E.2d 168 (Ind. Ct. App.) (RICO enterprise found where defendant recruited and organized repeated burglaries)