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08/18/87 ALVIN WILSON v. STATE INDIANA

Filed: August 18, 1987.

ALVIN WILSON, APPELLANT,
v.
STATE OF INDIANA, APPELLEE



APPEAL FROM MARION SUPERIOR COURT, CRIMINAL DIVISION, ROOM THREE, The Honorable Charles C. Daugherty, Judge, Cause No. CR84-18C.

Givan, J., Shepard, C.j., DeBruler, Pivarnik and Dickson, JJ., concur.

Author: Givan

GIVAN, J.

A jury trial resulted in the conviction of appellant for Theft, a Class D felony, for which he received a two (2) year sentence, which was enhanced by thirty (30) years due to a finding that appellant is an habitual offender.

The facts are: Between 10:00 p.m. on January 3, 1984, and 6:20 a.m. on January 4, 1984, the First Baptist Church located at 8600 North College Avenue in Indianapolis was burglarized. On the morning of January 4, a member of the church's administration found an outside door ajar, an inside glass door to the church office smashed and a fire extinguisher on the floor. A ground floor window had been broken. Upon investigation, it was discovered that two IBM typewriters and two brass lamps had been removed from the church office. There was blood found on the draperies which hung on the door.

Annette Lewis testified that during the night of January 3 she awakened to hear appellant, her boyfriend, come in and out of her home several times before he went to bed. The next morning Lewis found two typewriters and two lamps in her home. Because their relationship had become disharmonious, Lewis stopped a policeman on the street to assist her in removing appellant from her home on the evening of January 5.

Police entered her home where they found appellant and the property, which they recognized as the same property as that missing from the church. One of the typewriters had the church's name on the bottom.

Lewis gave police a pair of men's socks which were stained with blood. She told them that appellant used them as gloves.

Police photographed appellant's hands because they were marked with fresh cuts. Also police photographed the lamps and typewriters, one of which was dotted with dried blood. Then the goods were taken to police headquarters.

The jury heard testimony from Byron Vaughn, a truck driver employed by Allison Gas Turbine Operations. Vaughn and appellant were co-workers in the 1960s and have been friends since then. Vaughn stated that on January 4, 1984, he conversed with appellant outside a building in which he and appellant periodically gambled. Vaughn said he also met Ronald Jackson there, who had some office equipment and other items for sale in the back of his station wagon. Vaughn testified that appellant paid approximately $300 for two typewriters, two brass lamps and a brief case. Vaughn was shown a handwritten receipt on which the following was recorded:

"Receipt for A.W. Wilson

1-4-84 2 IBM Typewriters

2 Brass Lamps

1 Brief Case

Total Price

$285.00

Ronald Jackson"

Vaughn testified this was the receipt received from Ronald Jackson. Vaughn said he helped appellant ...


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