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Bigger v. State

Court of Appeals of Indiana

March 26, 2014

ADAM BIGGER, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE ALLEN SUPERIOR COURT. The Honorable Frances C. Gull, Judge. Cause No. 02D05-1301-FC-8.

ATTORNEY FOR APPELLANT: P. STEPHEN MILLER, Fort Wayne, Indiana.

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

SHARPNACK, Senior Judge. MAY, J., and CRONE, J., concur.

OPINION

SHARPNACK, Senior Judge

STATEMENT OF THE CASE

Adam Bigger appeals his conviction and sentence for attempted robbery, a Class C felony. Ind. Code § § 35-42-5-1 (1984), 35-41-5-1 (1977). We affirm.

Page 517

ISSUES

Bigger presents two issues for our review, which we restate as:

I. Whether the State presented sufficient evidence to disprove Bigger's defense of abandonment.
II. Whether Bigger's sentence is inappropriate.

FACTS AND PROCEDURAL HISTORY

The facts most favorable to the verdict follow. On December 21, 2012, Bigger walked into a Chase Bank branch in Fort Wayne, approached one of the tellers, and handed her a note indicating he had a gun and demanding money. The teller told Bigger that she did not have the key for her cash drawer but that it was in her purse, and Bigger indicated that she could retrieve the key. Upon retrieving the key, the teller emerged with her hands in the air. ...


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