37 N.E.3d 972
Ind. Ct. App.2015Background
- Lawrence Anderson participated in a planned robbery of Timothy Mounts’ apartment: Alexis Daniels arranged a drug buy to gain entry while Anderson and two others hid nearby.
- Alexis knocked; Jessica Wise (who lived there) opened the door expecting Alexis and stepped toward the couch; Anderson and the others then "rushed" into the apartment, dressed in black and partly masked.
- The intruders shoved Alexis and "rushed" and pushed Jessica, who was assaulted by Anderson (choked, hit, dragged, struck with a gun) while they searched safes and stole property.
- Anderson was charged with multiple counts; a jury convicted him on all counts and the trial court entered judgments for burglary (Class A), robbery (Class B), and battery (Class C), merging other counts.
- Anderson moved to correct errors arguing insufficient evidence of a "breaking" (no physical movement of a structural impediment); the trial court denied the motion and sentenced him to 30 years on the burglary count.
- On appeal, the court considered whether "rushing" a victim following an open-door entry constitutes the necessary force to satisfy the burglary element of "breaking."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of a "breaking" for burglary | State: slightest force to gain unauthorized entry suffices; the defendants "rushed" Jessica, using force to enter | Anderson: no physical movement of a structural impediment occurred; merely walked through an open door | Court: "Rushing" or forcibly barging in after the door was opened by another is sufficient force to establish "breaking," so evidence was sufficient |
Key Cases Cited
- Cockerham v. State, 204 N.E.2d 654 (1965) (holding entry through an open door alone does not establish "breaking")
- Trice v. State, 490 N.E.2d 757 (1986) (recognizing slight force, such as opening an unlocked door, can constitute "breaking")
- Smith v. State, 535 N.E.2d 117 (1989) (same principle that minimal force suffices for "breaking")
- Henley v. State, 519 N.E.2d 525 (1988) (defendant who pushed door further open against victim’s attempt to close it used force to gain unauthorized entry)
- McHenry v. State, 820 N.E.2d 124 (2005) (standard of review for sufficiency of the evidence)