MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D), Dec 19 2016, 9:24 am
this Memorandum Decision shall not be
CLERK
regarded as precedent or cited before any Indiana Supreme Court
Court of Appeals
court except for the purpose of establishing and Tax Court
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Anthony S. Churchward Gregory F. Zoeller
Anthony S. Churchward, P.C. Attorney General of Indiana
Fort Wayne, Indiana
Ellen Meilaender
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Carlos D. Bell, December 19, 2016
Appellant-Defendant, Court of Appeals Case No.
02A03-1606-CR-1242
v. Appeal from the Allen Superior
Court
State of Indiana, The Honorable John F. Surbeck,
Appellee-Plaintiff. Judge
Trial Court Cause No.
02D04-1507-F5-216
Barnes, Judge.
Court of Appeals of Indiana | Memorandum Decision 02A03-1606-CR-1242 | December 19, 2016 Page 1 of 5
Summary
[1] Carlos Bell appeals his conviction for Level 5 felony battery. We affirm.
Issue
[2] Bell presents one issue for our review, which we restate as whether the State’s
evidence was sufficient to support his conviction for Level 5 felony battery by
means of a deadly weapon.
Facts
[3] At approximately 3:00 a.m. on July 11, 2015, Peggy Luciano was sitting on the
porch of her Allen County home with Clemmie Trigg, Richard Perry, and a
man named James. Luciano used to date Bell, and they previously lived
together. While Luciano and the others were sitting on the porch, Bell pulled
up in front of the house and began yelling profanities at Luciano. Bell and
Luciano approached each other on the sidewalk, and Luciano observed Bell
ball up his fist and then felt his hand “connecting with [her] face.” Tr. p. 34.
Trigg, Perry, and James ran to Luciano, and Bell returned to his car and drove
away, striking James with his vehicle as he did so.
[4] Approximately thirty minutes later, Bell returned to Luciano’s house on foot.
Trigg noticed that Bell was holding his side as if he was carrying a weapon.
Bell and Luciano argued, Bell tried to “snatch” Luciano’s watch off of her
hand, and Bell hit Luciano multiple times. Trigg and Perry attempted to grab
Bell, who ran away, and they chased him. Trigg and Perry “scuffled” with Bell.
Id. at 55. While the three men fought, Perry observed something sharp in Bell’s
Court of Appeals of Indiana | Memorandum Decision 02A03-1606-CR-1242 | December 19, 2016 Page 2 of 5
hand. He later heard something hit the ground when Bell tossed it. After Trigg
and Perry subdued Bell, Trigg held Bell down while Perry called the police.
Perry told the 911 dispatcher that Bell was trying to stab him and Trigg.
[5] After the police arrived and detained Bell, Trigg noticed he felt as though he
“got hit with [] a brick in [his] side.” Id. at 58. When he pulled up his shirt, he
noticed that he had three punctures in his side. The wounds were consistent
with having been stabbed. At the time of Bell’s trial, Trigg still had marks on
his body as a result of his injuries. The police recovered a knife from
underneath the car behind which Trigg and Bell had been fighting.
[6] The State charged Bell with Level 5 felony battery and two counts of Level 6
felony domestic battery. The State later dismissed one count of domestic
battery. A jury found Bell guilty of the remaining charges. The trial court
sentenced Bell to an aggregate sentence of six years with one year suspended to
probation. Bell now appeals.
Analysis
[7] Bell contends the State’s evidence was not sufficient to support his conviction
for Level 5 felony battery.1
When reviewing a claim of insufficient evidence, an appellate
court considers only the evidence most favorable to the verdict
and any reasonable inferences that may be drawn from that
1
Bell does not challenge his conviction for domestic battery.
Court of Appeals of Indiana | Memorandum Decision 02A03-1606-CR-1242 | December 19, 2016 Page 3 of 5
evidence. If a reasonable finder of fact could determine from the
evidence that the defendant was guilty beyond a reasonable
doubt, then we will uphold the verdict. We do not reweigh the
evidence or judge the credibility of witnesses. These evaluations
are for the trier of fact, not appellate courts. In essence, we assess
only whether the verdict could be reached based on reasonable
inferences that may be drawn from the evidence presented.
Baker v. State, 968 N.E.2d 227, 229 (Ind. 2012) (quotations omitted) (citations
omitted).
[8] In order to convict Bell of battery as a Level 5 felony, the State was required to
prove he knowingly or intentionally touched Trigg in a rude, insolent, or angry
manner with a deadly weapon. See Ind. Code § 35-42-2-1(c)(1) and (g)(2). Bell
challenges only the sufficiency of the evidence as it relates to the mens rea
element. He argues that no one witnessed him consciously stab Trigg or engage
in an act that would indicate he was aware of a high probability he was stabbing
Trigg.
[9] Knowledge and intent are both mental states and, absent an
admission by the defendant, the trier of fact must resort to the
reasonable inferences from both the direct and circumstantial
evidence to determine whether the defendant has the requisite
knowledge or intent to commit the offense in question.
Accordingly, knowledge or intent may be proven by
circumstantial evidence, and it may be inferred from a
defendant’s conduct and the natural and usual sequence to which
such conduct logically and reasonably points.
Stokes v. State, 922 N.E.2d 758, 764 (Ind. Ct. App. 2010) (citations omitted),
trans. denied.
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[10] Here, the State presented evidence that Bell fought or scuffled with Trigg and
Perry and that he did so while holding a sharp object in his hand. That sharp
object was later identified as a knife. Perry told the 911 dispatcher that Bell was
attempting to stab Perry and Trigg. Finally, the altercation in which Bell
participated while holding the knife resulted in Trigg suffering three puncture
wounds. We conclude that, based on this evidence, the jury could reasonably
infer that Bell knowingly or intentionally stabbed Trigg. The evidence is thus
sufficient to support Bell’s conviction for Level 5 felony battery.
Conclusion
[11] The State’s evidence is sufficient to support Bell’s conviction for Level 5 felony
battery. We affirm.
[12] Affirmed.
Kirsch, J., and Robb, J., concur.
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