Defendant-Appellant Karl A. Haynes was found guilty by a jury in the Marion Superior Court of murder and class A felony conspiracy to commit murder. The trial judge subsequently sentenced Appellant to thirty years imprisonment for class A felony conspiracy and to forty years imprisonment for murder. Appellant now directly appeals and raises the following two issues for our review:
1. sufficiency of the evidence; and
2. whether Appellant's sentences are manifestly unreasonable.
The facts adduced during trial show the following. During the afternoon of August 1, 1988, Co-defendant Carl Isom and two friends roamed around the near north-side of Indianapolis trying to sell marijuana. In the vicinity of 25th and Delaware Streets, Isom attempted to sell marijuana to three men on bicycles but an altercation ensued and Isom was beaten and his marijuana was taken by one of the men, Curtis Payton. Isom subsequently contacted Appellant who obtained a .25 caliber handgun for him and drove him to where his companions were waiting. Appellant was armed with a .82 caliber revolver. Appellant, Isom and the others thereupon conducted a search for the men who had taken Isom's marijuana and eventually observed Payton near a liquor store. Appellant and Isom
I
Appellant first challenges the sufficiency of the evidence by which he was convicted of murder and conspiracy to commit murder. Specifically, Appellant argues that his murder conviction is not supported by evidence of an intent to commit murder and that his conspiracy conviction is not supported by evidence of any agreement to commit murder. It is well-settled that when reviewing the sufficiency of evidence, this Court will neither reweigh the evidence nor determine the credibility of the witnesses. Randall v. State, (1985) Ind.,
We already have set forth above a rendition of the pertinent facts of this case. The evidence shows that when Carl Isom went to Appellant for aid, Appellant was able to provide Isom with a gun and then went with Isom to find the men Isom claimed had beaten him earlier. When the two located Curtis Payton, Appellant cautioned Isom to slow down in his approach so as to avoid being detected. When Isom finally confronted Payton and demanded the return of his marijuana, Appellant hit Payton. Appellant then joined Isom in pursuit of Payton as he attempted to flee. Appellant fired shots from his gun at the fleeing Payton. Although Appellant claimed that he fired only into the air with his .32 caliber revolver, the police found bullet holes in the side of a nearby house where they recovered a .82 caliber bullet. The jury therefore could reasonably infer that Appellant fired at the fleeing Payton which was corroborated by Isom's statement to the police shortly after his arrest.
Considering the facts, we find that ample evidence was presented to establish Appellant's guilt as an accomplice to murder. We have held that "an accomplice is criminally liable for everything done by his confederates which was a probable and natural consequence of their common plan." Swopshire v. State, (1984) Ind.,
In Appellant's case, there is no direct evidence of an agreement to commit murder. It is well-settled, however, that a "[{ecjonviction for a conspiracy may rest on circumstantial evidence alone." Smith v. State, (1984) Ind.,
II
Appellant was sentenced, upon conviction, to forty years imprisonment for murder and to thirty years imprisonment for class A felony conspiracy. These are the presumptive sentences for these crimes.
A reviewing court may not revise a sentence within the proper statutory limits unless it is manifestly unreasonable in light of the nature of the offense and the character of the offender. Moreover, a sentence is not manifestly unreasonable unless no reasonable person could find the sentence appropriate to the particular offense and offender for which imposed. Ind.R.App.Rev.Sent. 2; Corder v. State, (1984) Ind.,
Finding no error, we affirm the trial court in all things.