Lazaro Miranda, a/k/a Randall Izquierdo v. State of Indiana (mem. dec.)
64A03-1601-CR-124
| Ind. Ct. App. | Feb 21, 2017Background
- On May 7, 2014, Lake County Drug Task Force officers stopped a vehicle on I-94 after observing evasive driving and nervous behavior by the occupants; Defendant was the passenger.
- Officers observed Defendant clutching a backpack, avoiding eye contact, giving a false name and birthdate, and offering inconsistent travel explanations with the driver.
- A consensual search of the backpack revealed 48 counterfeit $50 bills ($2,400), stored in envelopes/dividers, plus handwritten directions to Grand Rapids, a burner phone, two wallets without ID, and slips describing electronics with a Grand Rapids area code.
- Defendant refused to give truthful identifying information at the jail and was identified via fingerprints as Randall Izquierdo.
- Indicted for Class C felony forgery (intent to defraud by possessing counterfeit currency); jury convicted on forgery, trial court found habitual offender, and sentenced to an aggregate 14 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove intent to defraud for Class C forgery | State: circumstantial evidence (possession of large quantity of counterfeit bills, their poor quality, stash methods, travel directions, burner phone, false ID, evasive conduct) supports inference of intent to defraud | Defendant: no proof he knew bills were counterfeit; bills not so obviously fake to alert an ordinary person; nervousness explained by immigration status and an outstanding warrant | Court: Affirmed — reasonable jury could infer knowledge and intent to defraud from the quantity/quality of bills, storage, travel-related items, and deceptive/evasive conduct |
Key Cases Cited
- Boggs v. State, 928 N.E.2d 855 (Ind. Ct. App. 2010) (standard for reviewing sufficiency of the evidence)
- Fuentes v. State, 10 N.E.3d 68 (Ind. Ct. App. 2014) (consider evidence most favorable to the verdict and reasonable inferences)
- Oster v. State, 992 N.E.2d 871 (Ind. Ct. App. 2013) (view conflicting evidence in light most favorable to trial court)
- Lock v. State, 971 N.E.2d 71 (Ind. 2012) (affirmation standard unless no reasonable fact-finder could find elements proven beyond a reasonable doubt)
- McHenry v. State, 820 N.E.2d 124 (Ind. 2005) (jury's province to weigh conflicting evidence)
- Bocanegra v. State, 969 N.E.2d 1026 (Ind. Ct. App. 2012) (intent to defraud requires intent to deceive and cause reliance/injury)
- Wendling v. State, 465 N.E.2d 169 (Ind. 1984) (forgery intent principles)
- Miller v. State, 693 N.E.2d 602 (Ind. Ct. App. 1998) (intent may be proven by circumstantial evidence and defendant's conduct)
- Brown v. State, 64 N.E.3d 1219 (Ind. Ct. App. 2016) (infer intent from surrounding circumstances and conduct)
- Diallo v. State, 928 N.E.2d 250 (Ind. Ct. App. 2010) (intent as a mental state inferred from circumstances)
- Benefield v. State, 904 N.E.2d 239 (Ind. Ct. App. 2009) (knowledge of falsity relevant to intent though not a separate element)
