SHEARECE M. LOVE, Appellant-Defendant,
STATE OF INDIANA, Appellee-Plaintiff
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 ALLEN SUPERIOR COURT. The Honorable Frances C. Gull, Judge. Cause No. 02D06-1205-FB-89.
ATTORNEY FOR APPELLANT: ANTHON.Y.S. CHURCHWARD, Deputy Public Defender, Leonard, Hammond, Thoma & Terrill, Fort Wayne, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, JAMES B. MARTIN, Deputy Attorney General, Indianapolis, Indiana.
BAKER, Judge. NAJAM, J., and CRONE, J., concur.
MEMORANDUM DECISION -- NOT FOR PUBLICATION
In this case, appellant-defendant Shearece M. Love and two other women waited for Breanna McGhee to arrive at her place of employment. When McGee arrived, the three women physically attacked her and took her purse. Now, Love appeals her conviction for Robbery, a class B felony. More particularly, Love argues that there was insufficient evidence to convict her and that the trial court erred by admitting hearsay evidence, namely, the testimony of a police detective regarding a record he received from the Indiana Bureau of Motor Vehicles (BMV) concerning the registration plate number belonging to Love. Finding sufficient evidence and no other error, we affirm the judgment of the trial court.
On May 1, 2012, McGhee was working at the Cap and Cork Liquor Store in Fort Wayne. McGhee's shift started around 3:00 p.m. Love, her sister, Leanna Love, and Jacqueline Harris parked their vehicle behind a nearby Blockbuster Store before McGhee arrived for her shift.
After another Cap and Cork employee informed the three women that McGhee would not arrive until around 3:00 p.m., they waited in the nearby Jimmy John's and Papa John's until McGhee arrived. Mark Milowski, the general manager at Papa John's did not see the three women carrying purses, and they did not order any food. A short time later, he saw the three women hitting another woman.
Similarly, Matthew Bennett, who worked at Jimmy John's observed the three women. He stated that they did not order any food and that they claimed they were waiting on someone. A short time later, Bennett saw the three women leave and walk towards Cap and Cork.
Around 3:00 p.m., McGhee parked in front of Cap and Cork and exited her vehicle carrying her black purse. McGhee was immediately confronted by Love, Leanna, and Harris. Love asked if McGhee was surprised to see her while Harris maced her. McGhee dropped her purse and fell to the ground. The three women repeatedly hit McGhee in her head, back, and front. The attack finally ended after ...