APPEAL FROM LAKE SUPERIOR COURT, The Honorable James E. Letsinger, Judge, Nos. 2CR-115-684-472, 2CR-43-384-170, 2CR-47-384-189.
Dickson, J., Shepard, C.j., and DeBRULER, Givan and Pivarnik, JJ., concur.
Defendant appeals from conviction, following jury trial, of burglary, a class B felony; bribery, a class C felony; and conspiracy to commit murder, a class A felony. In this direct appeal, he presents the following issues:
1. sufficiency of burglary identification evidence,
2. sufficiency of evidence of bribery,
3. sufficiency of evidence of conspiracy to commit murder, and
4. jury verdict inconsistency.
Issue 1 - Burglary Identification Evidence Sufficiency
Defendant first contends that the evidence was insufficient to identify which of two co-defendants was identified by the State's complaining witness. Defendant Randall Leonard Minniefield and his co-defendant Jessie James Williams were charged with burglary of the dwelling of Connie Lee. Miss Lee testified that she observed two men going around her house. One of the men, whom she then knew only as "Leonard," was carrying a television. During her direct examination at trial, the following colloquy occurred:
Q. And the person that you saw with your television in his hand, do you see that same person in the courtroom here today?
Q. And would you tell us please where that person is standing or seated and what ...