Andrew Holbert McBride appeals his conviction for murder, Ind.Code § 35-42-1-1 (Burns 1985 Repl.), and robbery, a class A felony, Ind.Code § 35-42-5-1 (Burns 1985 Repl.). The trial court sentenced McBride to consecutive terms of sixty years for murder and fifty years for robbery.
McBride raises three issues on direct appeal.
1) Whether McBride received ineffective assistance of counsel under the United States Constitution;
2) Whether the trial court erred when it overruled McBride's motion for a directed verdict, and
3) Whether the trial court improperly admitted a deed of property over McBride's objection that the evidence was irrelevant.
The State charged McBride with the murder and robbery of Clifford Pride. The evidence shоwed that around 10:15 p.m. on April 29, 1982, Pride left the Jewish Community Center in Indianapolis. A few blocks from the center, Kathy Ransford was watching telеvision when she saw a car pull up at approximately 10:30 p.m. and park in front of her home. Ransford observed someone get out of the car, then reach back into the car and remove a clutch purse. A second car drove up and picked up the person. Ransford could not identify the person because of darkness.
The next morning, police discovered Pride's body in the car. He had been shot four times in the head, one time in the neck, and two times in the right hand. Although Pride usually carriеd over a hundred dollars in cash on his person, sometimes in his sock, the police found no money on the body. One of Pride's pant legs, however, was rolled up. In addition, Pride normally carried a wallet and a clutch bag. The police discovered nеither.
On that same day, April 80, 1982, McBride's girlfriend, Johnnie Foster, discovered a wallet under the front seat of McBride's car. The wallet contained identification for Clifford Pride and three of his credit cards. She purchased various items with the cards before throwing thе wallet away.
Two weeks later, Foster told McBride she used the charge cards. McBride became nervous. He told her shе should not have used the cards because he had killed the owner. McBride said Pride had pulled a gun on him earlier in the week bеcause Pride thought he was "messing with" Edwin Kennedy. McBride told Foster he had waited for Pride in the back of his car at work, shot him, and left him in the car.
I. Imeffective Assistance of Counsel
McBride argues he received ineffective assistance of counsel in violation of the Sixth Amendment and Fourteenth Amеndment. Specifically, he claims his counsel failed to compel Kennedy's testimony and pursue an alibi defense, both of which would have established his innocence. He contends Kennedy would have established that Johnnie Foster knew Clifford Pride and therefore could have obtained the wal let directly from him. He said the alibi witness, Ricky Howard, would have testified that MeBride was at Hоward's home from 9:80 p.m. on April 29, 1982 until 1:45 am. on April 30, 1982. In addition, McBride claims that even if these omissions individually do not establish ineffectiveness, thеy do so collectively.
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The United States Supreme Court set forth the standard for judging ineffective assistance of counsel сlaims under the federal constitution in Strickland v. Washington,
The first component of the Strickland standard requires the defendant to overcome a strong presumption that counsel's performance falls within the wide range of reasonable professional assistance. Id. at 689,
As the Attorney General points out in his excellent brief, McBride never submitted an affidavit showing what Kennedy or Howard would have said. We have no idea whether the two would have testified as MсBride claims they would. Without evidence it is impossible to judge counsel's performance as unreasonable.
II. Directed Verdict
At the end of thе State's case, McBride moved for a directed verdict. The trial court denied the motion. On appeal McBride argues the evidence insufficiently links him to the crimes.
Denial of a motion for directed verdict is not error when the evidence is sufficient to support the conviction. Wilson v. State (1983), Ind.,
McBride challenges the State's "minimal effort" in offering three witnesses who testified that he admitted commission of the crimes: Johnnie Foster, Augustus Johnson, and Tim Ellis. McBride and Johnson were sharing a jail cell. McBride told Johnson variоus details of the crimes. MeBride said he got into Pride's car, pulled the trigger, and grabbed the pouch and billfold. He told Johnson he put the wallet under the front seat of his car where Foster said she found it. Tim Ellis testified that McBride said he shot Pride in the head. Although McBride admitted the crimes to three unrelated people, at three different times, places and circumstances, the versions were all consistent.
The evidence is sufficient to support the conviction.
III. Admission of Deed
McBride argues the trial court improperly admitted a deed for the property where McBride livеd with Johnnie Foster at the time of the crimes. The deed was in the name of Edwin Kennedy's sister, Rosalind. McBride maintains the ownership of the property is irrelevant.
Evidence is relevant if it has a logical tendency to prove or disprove a material fаct. Jackson v. State (1986), Ind.,
The trial court is affirmed.