APPEAL FROM THE MARSHALL COUNTY SUPERIOR COURT, The Honorable R. Alexis Clarke, Judge, Cause No. SCR 85-21.
Pivarnik, J., Givan, and Dickson, JJ., concur. Shepard, C.j., concurs and Dissents with separate opinion. DeBruler, J., concurs and Dissents.
Defendant-Appellant, Robert J. Parks, Jr., was convicted by a Marshall County jury of: attempted murder, class A felony; criminal recklessness, class D felony; battery, class D felony; theft, class D felony; possession of stolen property, class D felony; resisting law enforcement, class A misdemeanor; resisting law enforcement, class D felony; driving under the influence, class A misdemeanor; and driving with a suspended license, class A misdemeanor. The trial court sentenced Parks to thirty (30) years imprisonment for attempted murder, two (2) years imprisonment for each class D felony conviction, and one (1) year imprisonment for each class A misdemeanor conviction. The trial court ordered the sentences for the felony convictions to be served consecutively and the sentences for the misdemeanor convictions to be served concurrently. In this direct appeal, Parks raises the following issues for our review:
1. insufficient evidence supporting attempted murder;
2. error in imposing consecutive sentences for the felony convictions; and
3. denial of a directed verdict on count III, battery, a class D felony.
The facts presented to the jury are as follows. Appellant Parks lived at the Salvation Army Adult Rehabilitation Center in South Bend, Indiana. On May 30, 1985, Parks was awarded his General Equivalency Degree (G.E.D.). That night he went drinking to celebrate his accomplishment. At the tavern, Parks met and drank with Charles Czeck.
Czeck gave Parks a ride back to the Center. When Parks got out of the car, he started acting peculiarly. Czeck described his actions as "freaked out," screaming, and acting "weird." Czeck got out of the car to check on Parks and Parks jumped into the car and drove away.
During the early morning hours of May 31, 1985, Indiana State Police Trooper Mark Grose observed a white Pinto automobile weaving and crossing the center line on U.S. 31. Grose pulled the car over and found Parks in the driver's seat. Parks was given a field sobriety test which he failed.
While Grose was securing the Pinto, Parks ran to the police car, entered it and locked the doors. Parks then sped away. Grose radioed for assistance.
Parks drove the police car about 1/4 of a mile before he rolled the car into a ditch. The car landed on its wheels and Parks continued to drive it through a farm field. When the car stopped, Grose gave chase on foot and approached the car from the rear.
Parks was still in the car and did not see Grose approach. Grose pulled his service revolver, placed it next to Parks' head, and ordered him to surrender. At this very instance, Parks pointed the police car shotgun at Grose's midsection. Grose was able to grab the barrel of the shotgun and push it away. Grose heard Parks say "You're dead" while Grose observed and felt Parks pull the trigger of the shotgun. The gun did not fire because the safety was on. Gross then poked Parks in the head with the service revolver and was able to startle Parks enough to grab the shotgun from him.
Grose then removed Parks from the police car. Parks was uncooperative and the two struggled. Grose was able to handcuff Parks but during the ...