Trainor v. State
2011 Ind. App. LEXIS 1007
| Ind. Ct. App. | 2011Background
- Trainor was convicted in St. Joseph Superior Court of five counts of Class D felony counterfeiting.
- The court sentenced him to seven and a half years total, with the sentence suspended and five years of probation.
- A bench trial was held; the verdict was guilty on all five counts on August 18, 2010.
- The charges stemmed from Trainor placing five orders in Trooper Kaizer's name and forging documents to obtain items.
- Handwriting analysis linked Trainor to the order forms; items were sent to Kaizer and some debts were created in his name.
- Trainor argued the evidence was insufficient and challenged the sentence as inappropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Trainor | Trainor | Sufficient evidence supported convictions |
| Sentence appropriateness | Trainor | Trainor | Sentence not inappropriate under nature and character |
Key Cases Cited
- Atteberry v. State, 911 N.E.2d 601 (Ind. Ct. App. 2009) (standard for sufficiency review)
- Baumgartner v. State, 891 N.E.2d 1131 (Ind. Ct. App. 2008) (substantial evidence standard)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (appellate deference in sentencing review)
- Alvies v. State, 905 N.E.2d 57 (Ind. Ct. App. 2009) (independent review of sentence under Rule 7(B))
- Reid v. State, 876 N.E.2d 1114 (Ind. Ct. App. 2007) (burden on defendant to show inappropriateness of sentence)
- Stewart v. State, 866 N.E.2d 858 (Ind. Ct. App. 2007) (courts give deference to trial court sentencing decisions)