Sarah Speck v. State of Indiana (mem. dec.), 49A02-1609-CR-2195

On Jan. 25, 2016, Sarah Speck entered Alpine Group’s locked trailer on OmniSource property without permission after squeezing between gates and knocking on the door.
Alpine employee Robert Jennings arrived ~7:00 a.m. to find the office ransacked: opened drawers/cabinets, overturned monitor, a laptop moved to a chair, and medical supplies placed in a cardboard box.
Jennings found Speck sitting inside wearing coveralls; police detained her nearby and recovered a lighter that belonged to Jennings from Speck’s possession; a knife later was found in the coveralls’ pocket.
Speck admitted entering and said she was looking for people and fell asleep; she denied moving items or stealing property and claimed the lighter was hers.
Charged with Level 5 felony burglary (breaking and entering with intent to commit theft/felony) and Class A misdemeanor attempted theft; convicted after bench trial, theft count merged, and sentenced to 1095 days with 1073 suspended, plus probation and community service.
On appeal Speck challenged sufficiency of the evidence to prove felonious intent at the time of entry; the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence of intent to commit theft at time of breaking and entering	State: Speck disturbed property, moved laptop, boxed medical supplies, and possessed Jennings’s lighter — these facts permit a reasonable inference she intended theft when entering	Speck: She lacked intent to steal; she merely entered, covered herself, and fell asleep; lighter was hers	Affirmed: Evidence (ransacking, arranging items for removal, and possession of owner’s lighter) supports reasonable inference of felonious intent at entry

Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standards for sufficiency review and considering reasonable inferences)
Baker v. State, 968 N.E.2d 227 (Ind. 2012) (intent to steal may be inferred from opening drawers/cabinets separate from entry)
Freshwater v. State, 853 N.E.2d 941 (Ind. 2006) (State must prove specific facts supporting inference of intent)
Gilliam v. State, 508 N.E.2d 1270 (Ind. 1987) (burglars rarely announce intent; intent may be inferred from circumstances)
Cash v. State, 557 N.E.2d 1023 (Ind. 1990) (touching or disturbing valuable property can establish intent to steal)
McBride v. State, 597 N.E.2d 992 (Ind. Ct. App. 1992) (possession of stolen property supports inference of intent at time of entry)
Tharp v. State, 942 N.E.2d 814 (Ind. 2011) (fact-finder best positioned to assess witness credibility)
Richardson v. State, 856 N.E.2d 1222 (Ind. Ct. App. 2006) (intent established from actor’s behavior and circumstances)
Davis v. State, 791 N.E.2d 266 (Ind. Ct. App. 2003) (same)