Toney v. State
2012 Ind. App. LEXIS 50
| Ind. Ct. App. | 2012Background
- Toney and accomplice entered G.R.'s home July 19, 2010 wearing bandanas and demanded G.R.'s purse, money, and drugs under threat with a knife.
- Toney grabbed G.R.'s phone to prevent dialing 911, twisting the phone from her hand and causing her pain.
- G.R.'s son interrupted the scene with a baseball bat strike that caused Toney to bleed; Toney sought hospital treatment.
- DNA from blood at the scene matched Toney; drops of his blood were found at G.R.'s house.
- Toney was charged October 25, 2010 with Class A burglary resulting in bodily injury and Class B robbery; a bench trial addressed whether the burglary caused bodily injury; the court found him guilty of Class A burglary on July 25, 2011 and sentenced him to 40 years, with a concurrent 16-year sentence for robbery.
- Indiana defines bodily injury as impairment of physical condition, including physical pain; the trial court and appellate court emphasized the plain meaning that any physical pain suffices.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bodily injury was proven to elevate burglary to Class A | State | Toney argues no bodily injury beyond de minimis pain | Yes; any physical pain suffices to prove bodily injury |
Key Cases Cited
- Lewis v. State, 438 N.E.2d 289 (Ind. 1982) (bodily injury shown by the victim experiencing physical pain)
- Flores v. Ashcroft, 350 F.3d 666 (7th Cir. 2003) (any physical hurt qualifies as bodily injury under Indiana law)
- Davis v. State, 813 N.E.2d 1176 (Ind. 2004) (sets high threshold for serious bodily injury, but not for bodily injury)
- Mathis v. State, 859 N.E.2d 1275 (Ind.Ct.App. 2007) (cited for context on impairment and pain distinctions)