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Carter v. State

Court of Appeals of Indiana

March 10, 2014

JERIMAINE CARTER, 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 Sheila A. Carlisle, Judge, The Honorable David M. Seiter, Commissioner. Cause No. 49G03-1205-FA-28286.

ATTORNEY FOR APPELLANT: VICTORIA L. BAILEY, Marion County Public Defender Agency, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, MICHAEL GENE WORDEN, Deputy Attorney General, Indianapolis, Indiana.

BROWN, Judge. ROBB, J., and BARNES, J., concur.

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Jerimaine Carter appeals his sentence for attempted murder. Carter raises one issue which we revise and restate as whether the trial court abused its discretion in sentencing him. We affirm.

FACTS AND PROCEDURAL HISTORY

During the evening hours of April 17, 2012, Indianapolis Metropolitan Police Officer Jeffrey Newlin heard a radio report of a person with a gun and headed toward the location of Officer Daniel Huber. While en route, Officer Newlin observed a person later identified as Carter, who was wearing dark clothes and a black White Sox hat, walking westbound " very frantically, very fast-paced . . . and . . . turning around, looking behind him like -- it was just extremely odd." Transcript at 44. Officer Newlin continued to Officer Huber's location, and Officer Huber gave Officer Newlin a description of the person with a gun that matched the description of Carter.

Officer Newlin then searched for Carter and parked his vehicle ten to fifteen yards behind him. Officer Newlin turned on his overhead lights, and Carter immediately turned around and began walking toward Officer Newlin with his hands in his pockets. Officer Newlin opened his door, stood behind the door, and told Carter to take his hands out of his pockets. After three or four times verbal commands Carter removed his hands from his pockets. Once Officer Newlin saw that Carter did not have anything in his hands, he came out from behind his door. Carter then started moving his hands and said: " You got the wrong guy. I didn't do anything." Id. at 52. Officer Newlin talked to Carter and tried to calm him down. Officer Newlin then asked him to put his hands on top of his head to check him for weapons. Carter put his right hand to the top of his head, and when Officer Newlin grabbed his right wrist and went to grab his left wrist, Carter started jerking away and pulling away from Officer Newlin. Carter put his right hand in his pocket, and Officer Newlin pushed him away, drew his weapon, started backing up, and told Carter to remove his hands from his pockets. Carter pulled a semi-automatic handgun out of his pocket and shot twice when he was four to six feet away from Officer Newlin. Officer Newlin returned fire three times, continued to back up, and fell down after his left foot caught " a lip of the grass." Id. at 57. Carter, who was six to eight feet away, looked at his gun, worked the slide, pulled the trigger, pointed the gun at Officer Newlin, and attempted to fire the gun. Officer Newlin then fired his gun three more times, and Carter turned around and ran westbound.

Officer Newlin jumped up, pursued Carter, and radioed Carter's description and location. Officer Newlin yelled " Stop. Police. Stop. Police." Id. at 61. Officer Newlin eventually closed in on him, and Carter looked back at Officer Newlin, pointed his gun, and pulled the trigger. Officer Newlin fired two more shots at him. Carter kept running, and Officer Newlin met Officer Gregory Shue and Sergeant Brian Clark. Carter raised his arm and tried to pull the trigger, and the police eventually shot and captured him following the foot pursuit.

On May 1, 2012, the State charged Carter with Count I, attempted murder as a class A felony; Count II, resisting law enforcement as a class D felony; and Count III, carrying a handgun without a license as a class A misdemeanor. On October 17, 2012, Carter filed a notice of insanity defense and motion for psychiatric examination to determine sanity and competence to stand trial. One of the reports indicated that Carter presented with symptoms consistent with schizoaffective disorder but found he had the comprehension to understand the legal proceedings and capacity to assist in his defense. On January 3, 2013, the court entered an Order on Finding of Competency which stated that two disinterested psychiatrists/psychologists found him competent to stand trial.

On January 4, 2013, Carter filed a notice of self-defense. The jury found him guilty of attempted murder as a class A felony, guilty but mentally ill of resisting law enforcement as a class D felony, and guilty of ...


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