Appeal from the Marion County Superior Court, Criminal Division III, The Honorable John R. Barney, Jr., Judge, Cause No. CR84-009C
Pivarnik, J., Shepard, C.j., DeBruler, Givan, Dickson, JJ., concur.
Defendant-Appellant Daniel Russell was found guilty by a jury in the Marion County Superior Court, Criminal Division III, of the crime of Robbery, class B felony, and was further found to be a habitual offender. On July 2, 1985, he was sentenced to a term of fifteen (15) years for the robbery conviction, enhanced by thirty (30) years for the habitual offender finding, for a total term of forty-five (45) years.
Four issues are presented for our review in this direct appeal:
1. admission of evidence taken from Russell at the arrest, and allowance of in court identification of Russell;
2. admission of State's Exhibits 1, 2, 5, 6, 11, 17, 20, 22, and 24;
3. error in permitting the State to read portions of exhibits to the jury; and
4. sufficiency of the evidence.
The facts show that on January 3, 1984, Joseph Lee Euliss was employed at the Village Pantry located at 2040 East Washington Street, Indianapolis, as a clerk, cashier, stocker and cleanup person. He was present at 11:30 p.m., when another clerk, Kathy Bennett, came in to begin her shift. Bennett and Euliss stood at the cash register when a man later identified as Russell approached them, brandished a knife and stated, "This is a stickup." Euliss took money from the cash register drawer, including "bait money," and gave it to the robber. The robber took the money and fled from the store. Bennett immediately telephoned the police.
William T. Oxley was a customer in the Village Pantry at the time of the robbery and observed Russell from a distance of two or three feet. Oxley did not realize a robbery was being committed but he observed the man at the register near him had cuts and bruises on his face. Oxley stated although the man appeared to hold something over his face from Oxley's view, he could see his face and facial features.
The bait money given to the robber consisted of a five ($5) dollar bill and three one ($1) dollar bills, along with a receipt placed on top entitled "Bob's money." Indianapolis Police Detective Gerald Hilligoss had stapled the bait money together and arranged it in the cash register drawer so an alarm was set off when the money was removed. Removal of the bait money activated a concealed camera that was aimed to take pictures of the scene near the cash register. Detective Hilligoss stated he had written a note indicating the denominations of the bait money and the serial number of each bill contained in the bait money packet. The note was placed in the box containing the camera.
Police Officer Stephen Guthier was on patrol duty when he heard a dispatch informing of the Village Pantry robbery. He immediately proceeded to that area. About two blocks east of the Village Pantry, Guthier observed in an alley a person meeting the description of the perpetrator of the Village Pantry robbery. Guthier there arrested Russell and recovered from his person cash, including the bait money missing from the Village Pantry cash register. The slip of paper that had been on top of the bait money in the cash register was also found in the alley ...