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Court upholds robbery conviction

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The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.

Dominique Woods drove the getaway car in a robbery of a woman’s purse. The woman jumped on the car to try to stop the car, and Woods drove away, causing injuries to the victim. After her arrest, Woods admitted she knew the robber was broke and wanted someone to rob. She was charged with Class B felony robbery, Class C felony robbery, Class C felony battery, Class D felony resisting law enforcement, and Class D felony assisting a criminal. The jury was instructed on accomplice liability; the jury found her guilty of Class B felony robbery, Class C felony robbery, Class A misdemeanor criminal recklessness as a lesser included offense of the battery charge, and Class D felony assisting a criminal.

Woods claimed based on Joseph v. State, 659 N.E.2d 676 (Ind. Ct. App. 1995), that the robbery and assisting a criminal verdicts were inconsistent and she couldn’t be convicted of both offenses. The trial court found Joseph controlling and entered a judgment of conviction for the Class B felony robbery and Class A misdemeanor criminal recklessness only.

According to Woods, the offenses of robbery and assisting a criminal are mutually exclusive, and the jury could not have found her guilty of both offenses. She asked for her robbery conviction to be vacated or to have a new trial.

In Dominique D. Woods v. State of Indiana, No. 45A03-1107-CR-292, the judges found there was sufficient evidence to support Woods committed Class B felony robbery as an accomplice.

“We conclude that, as in Newgent and Joseph, Woods’s actions after Manning stole the purse merely represented her continuing scheme or plan to aid Manning in the robbery. Moreover, as in Newgent and Joseph, the allegedly inconsistent guilty verdicts do not necessitate a new trial or reversal of the robbery conviction,” wrote Judge Michael Barnes. “Although the jury found Woods guilty of Class B felony robbery, Class C felony robbery, Class A misdemeanor criminal recklessness as a lesser included offense of the battery charge, and Class D felony assisting a criminal, the trial court properly entered judgment of conviction and sentenced her for the Class B felony robbery and Class A misdemeanor criminal recklessness only.”

 

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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

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  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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