MEMORANDUM DECISION
ON REHEARING
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be Mar 07 2016, 8:15 am
regarded as precedent or cited before any
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Scott H. Duerring Gregory F. Zoeller
South Bend, Indiana Attorney General of Indiana
Larry D. Allen
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Davon Crenshaw, March 7. 2016
Appellant-Defendant, Court of Appeals Case No.
20A03-1504-CR-122
v. Appeal from the Elkhart Circuit
Court
State of Indiana, The Honorable Terry C.
Appellee-Plaintiff Shewmaker, Judge
Trial Court Cause No.
20C01-1311-FB-133
Bailey, Judge.
Court of Appeals of Indiana | Mem. Decision on Rehearing 20A03-1504-CR-122 | March 7, 2016 Page 1 of 2
[1] On rehearing after this Court affirmed his convictions for Burglary and
Conspiracy to Commit Burglary, Davon Crenshaw contends that he was
subjected to double jeopardy. According to Crenshaw, this Court misstated
relevant facts and there is a lack of independent evidence that he donned a
mask – the overt act alleged in furtherance of the conspiracy to commit
Burglary. In our opinion, we attributed to Matthew Allen the testimony that
Crenshaw was one of five masked men who actively participated in the burglary
of Cynthia Contreras’s home. This was in error. Antoine McDuffie’s guilty
plea hearing testimony (entered as an evidentiary exhibit at Crenshaw’s trial) is
the source of this evidence. Too, Contreras testified to her “absolute certainty”
that five men were in her home. (Tr. at 110, 113). She testified that “all the
individuals were wearing hoodies and covering half their face” with “some sort
of mask.” (Tr. at 99.) The jury’s conclusion that Crenshaw donned a mask, as
alleged, rests upon independent evidentiary facts. Subject to the foregoing
correction of the named witness, we affirm our original opinion.
Baker, J., and Mathias, J., concur.
Court of Appeals of Indiana | Mem. Decision on Rehearing 20A03-1504-CR-122 | March 7, 2016 Page 2 of 2