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Anderson v. State

Court of Appeals of Indiana

August 26, 2014

STEVEN ANDERSON, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Clayton Graham, Judge. Cause No. 49G17-1306-FD-36701.

ATTORNEY FOR APPELLANT: SUSAN D. RAYL, Smith Rayl Law Office, P.C., Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, MONIKA PREKOPA TALBOT, Deputy Attorney General, Indianapolis, Indiana.

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

OPINION

MAY, Judge

Steven Anderson appeals his conviction of Class D felony escape.[1] He asserts the trial court committed fundamental error by allowing the State to introduce evidence

Page 148

of the events leading up to his escape. We affirm.

FACTS AND PROCEDURAL HISTORY

On April 4, 2013, Anderson was convicted of Class D felony theft[2] and sentenced to 545 days of home detention. At the start of home detention, he reported his address was on Lynn Street in Indianapolis (" Lynn Street Address" ). Anderson was given a receiver issued by Community Corrections that detects ankle bracelets and identifies the person wearing each ankle bracelet. Community Corrections instructed him the receiver needed to stay in his home, plugged in at all times. The company that monitors home detention receivers has an offender schedule, which informs the company when offenders should be at home. If an offender is not at home when scheduled to be there, the company receives notice.

Anderson signed a Marion County Community Corrections Home Detention Contract in which he acknowledged that if he left his residence without permission he could be charged with escape. On May 22, Anderson changed his address with Community Corrections to a location on Winthrop Avenue in Indianapolis.

On June 4, at 8:55 p.m., Anderson's ankle bracelet was detected by a receiver in another residence. Shortly thereafter, Anderson's receiver detected someone else's ankle bracelet, from which the monitoring company inferred " the box was on the move." (Tr. at 181.) Over the next three hours, two other receivers detected Anderson, and his receiver detected five other individuals. In the early hours of June 5, other receivers detected Anderson and his receiver detected other bracelets. Alerts showed Anderson was at an address on Arlington Avenue in Indianapolis between 2:34 a.m. and 2:56 a.m. The system also reported many power failures, tilts, and body tampers[3] throughout the night of June 4 and early morning of June 5.

At around 4:00 a.m. on June 5, Indianapolis Metropolitan Police Officer Gregory Shue responded to " trouble with a person" who was trying to enter the Lynn Street Address. (Tr. at 222.) When Officer Shue arrived, he arrested Anderson. The State charged Anderson with Class D felony attempted residential entry,[4] Class D felony escape, and Class A misdemeanor resisting law enforcement.[5]

Anderson submitted a motion in limine asking the court to prohibit any mention of his criminal offenses prior to June 5, 2013. The trial court granted this motion in part, stating it would allow information from June 4, 2013 8:55 p.m. to apprehended [sic] on June 5, ...


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