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Smith v. State

Court of Appeals of Indiana

February 17, 2014

CHRISTOPHER SMITH, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Amy J. Barbar, Judge. Cause No. 49G02-1108-FB-60414.

ATTORNEY FOR APPELLANT: JANE H. CONLEY, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, CYNTHIA L. PLOUGHE, Deputy Attorney General, Indianapolis, Indiana.

KIRSCH, Judge. FRIEDLANDER, J., and BAILEY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Christopher Smith (" Smith" ) was convicted, after a bench trial, of burglary[1] as a Class B felony, criminal mischief[2] as a Class B misdemeanor and was determined to be an habitual offender.[3] He appeals, raising the following restated issues for our review:

I. Whether sufficient evidence was presented to support his conviction for burglary; and
II. Whether the trial court erred in conducting Smith's trial in absentia.

We affirm.

FACTS AND PROCEDURAL HISTORY

On August 28, 2011, Travis Shoemake (" Shoemake" ) was living with his mother in her home and had fallen asleep on the sofa in the den at approximately 11:00 p.m. His mother was not home at the time. About forty minutes after he had fallen asleep, Shoemake woke up and heard something that sounded like breaking glass. He walked into different rooms to try to determine where the sound " was coming from" and then " heard [a] light switch go off." Tr . at 14. Shoemake then went back to the sofa and retrieved his gun. He saw that the light was on in his mother's bedroom, and when he peeked into her room, he observed a man, later identified as Smith, inside the room wearing a white t-shirt. Shoemake went back to the den and called 911. Shoemake then heard doors being opened and sensed that Smith was moving down the hallway. Shoemake moved to a spare bedroom and got behind the door. The light turned on inside the spare bedroom, and when he looked around the door, he recognized Smith as someone he knew from the neighborhood. Shoemake jumped out and pointed his gun at Smith. Smith, who was surprised, started ...


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