Marta Deleon v. State of Indiana (mem. dec.)
49A02-1705-CR-1146
Ind. Ct. App.Nov 9, 2017Background
- Marta Deleon arrived at Wheeler Mission under its winter contingency intake for an overnight stay and reviewed the facility rules with staff.
- The next morning staff asked Deleon to leave per the winter-contingency policy; she refused and asked about additional services and her razor.
- Case manager Amanda Craig also asked Deleon to leave, attempted negotiations (offering to retrieve the razor after she left), and warned police would be called if Deleon did not comply.
- Front desk staff called police when Deleon still would not depart; on the officer’s arrival Deleon resisted, sat on a couch, kicked, yelled, and required backup to be handcuffed and removed.
- Deleon was tried by bench trial, convicted of Class A misdemeanor criminal trespass, and sentenced to 82 days (time served). She appealed challenging sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Deleon knowingly or intentionally refused to leave property after being asked | State: staff and officer testimony showed Deleon was asked to leave, warned, and still resisted; conduct supports intentional refusal | Deleon: she was gathering belongings, asked for services and razor, not told she had to leave immediately, so no intentional refusal | Affirmed. Court found ample time and repeated requests; resistance to officers supported intentional refusal |
Key Cases Cited
- Suggs v. State, 51 N.E.3d 1190 (Ind. 2016) (standard of review for sufficiency: view evidence and reasonable inferences supporting verdict)
- Curtis v. State, 58 N.E.3d 992 (Ind. Ct. App. 2016) (communication to leave implies a reasonable time to depart)
- Lemon v. State, 868 N.E.2d 1190 (Ind. Ct. App. 2007) (if person not given reasonable time to leave, no trespass)