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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 is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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