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Madewell v. State

Court of Appeals of Indiana

March 4, 2014

RANDY L. MADEWELL, 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 JOHNSON SUPERIOR COURT. The Honorable Lance D. Hamner, Judge. Cause No. 41D03-1201-FD-11.

ATTORNEY FOR APPELLANT: MICHAEL J. KYLE, Baldwin Adams & Kamish, Franklin, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ANDREW FALK, Deputy Attorney General, Indianapolis, Indiana.

VAIDIK, Chief Judge. RILEY, J., and MAY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

VAIDIK, Chief Judge.

Case Summary

After hailstorms hit central Indiana in May 2011, Randy L. Madewell moved from Texas to Indiana and started Brown County Roofing out of a friend's home, claiming to be "locally owned and operated." Although Madewell secured contracts and money from six homeowners, he never replaced their roofs as promised or returned their money. A jury found him guilty of six counts of home-improvement fraud--three as Class D felonies and three as Class B misdemeanors. The trial court imposed consecutive sentences on the Class D felonies totaling six years.

Madewell contends that the evidence is insufficient to prove that when he entered into the contracts with the homeowners, he did not intend to replace their roofs or knew that he would not replace their roofs. He also contends that the trial court erred in imposing consecutive sentences on the Class D felonies because his crimes arose out of an episode of criminal conduct. We find the evidence sufficient to prove that Madewell came to Indiana to make a fast profit and that he did not intend to replace or knew that he would not replace the homeowners' roofs when he entered into the contracts. We also find that the crimes did not arise out of an episode of criminal conduct because they involved different homeowners on different dates. We therefore affirm the trial court.

Facts and Procedural History

Indiana had several hailstorms in May 2011. Madewell, a contractor by trade, lived in Texas, but he knew Johnny Mullens, who lived in Brown County, Indiana. Madewell contacted Mullens and proposed that they "do the roofing thing." Tr. p. 12. Mullens told Madewell that he would do whatever he could to help, but he was not going to quit his full-time job as a gas hauler for Circle K.

During the first week in June 2011, Madewell arrived at Mullens' house and moved in with his family. Madewell brought his truck as well as some office and roofing equipment. He did not bring a roofing crew with him. Madewell ...


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