APPEAL FROM THE MARION SUPERIOR COURT CRIMINAL DIVISION IV, The Honorable David F. McNamar, Judge Pro Tempore, Cause No. CR85-118D.
Pivarnik, J., Shepard, C.j., DeBruler, Givan, and Dickson, JJ., concur.
Steven U. Moredock, Appellant, was charged on May 28, 1985 with Robbery, a class B felony, Confinement, a class D felony, Resisting Arrest, a class D felony, and Carrying a Handgun Without a License, a class A misdemeanor. The State also filed notice of intent to have Moredock sentenced as an habitual offender. He was convicted on these charges and sentenced for a period of twenty (20) years to the Department of Corrections. Moredock was also determined to be an Habitual Offender and the court enhanced the sentence for robbery by thirty (30) years to a total of fifty (50) years. His Motion to Correct Errors was overruled and he appealed directly to this Court.
Moredock presents the following issues for review:
1. sufficiency of the evidence regarding the robbery, confinement, and handgun charges;
2. trial court error in admitting Moredock's confession into evidence; sufficiency of the evidence regarding the Habitual Offender charge; and
4. error in sentencing Moredock.
The facts which support the verdict are as follows:
On May 24, 1985, Moredock and Thomas Grant Beard, a/k/a Thomas Grant Cowheard entered an Indianapolis 7-11 Supermarket. Beard carried a sawed-off shotgun, which he pointed directly at assistant manager Jerry Brown who stood in the market office. Beard demanded money, and handed Brown a pillowcase. After Brown ruled the pillowcase Beard emptied two cash registers. During this time Moredock stood near the entrance of the store, and used a handgun to usher incoming customers aside. Beard then took the store security guard's .357 revolver from his holster and ordered him to lie on the floor. Beard and Moredock fled the scene.
During the robbery Brown activated the store's silent alarm. Within a few minutes after the alarm was pressed, IPD Officer Stan Anderson arrived. Anderson observed two suspects get into a blue car. He turned on his red lights and siren and chased the suspects at a high rate of speed. During the chase the passenger of the vehicle, since identified as Moredock, fired shots at Anderson but hit nothing. The chase ended when the suspects' car crashed into a stop sign.
Moredock fled and escaped, but Anderson apprehended Beard and recovered a .22 caliber pistol from his pocket. Officer Ron Black, who had come to Anderson's aid, found Moredock hiding near a garage.
The robbery occurred at approximately six o'clock that evening. At approximately 12:15 a.m., after being advised of his Miranda rights, Moredock made a statement to Detective Richard Combs. He admitted to being Beard's accomplice and agreed to show Combs where he had hidden the sawed-off ...