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Barnett v. State

Court of Appeals of Indiana

January 23, 2015

DORVAE BARNETT, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Mark Stoner, Judge. Cause No. 49G06-1303-MR-19927.

ATTORNEY FOR APPELLANT: KIMMERLY A. KLEE, Greenwood, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; KATHERINE MODESITT COOPER, Deputy Attorney General, Indianapolis, Indiana.

MAY, Judge. VAIDIK, C.J., and FRIEDLANDER, J., concur.

OPINION

Page 1014

MAY, Judge

Dorvae Barnett appeals the five-year enhancement of his sentence for Class C felony reckless homicide[1] based on Barnett's knowing use a firearm in the commission of that crime.[2] Barnett presents two issues, which we restate as:

1. Whether the finding Barnett used a firearm was erroneous as a factual matter; and
2. Whether the finding that he used a firearm was improper as a matter of law.

We affirm.

FACTS AND PROCEDURAL HISTORY

On March 23, 2013, Barnett planned to attend a birthday party with his cousin, James Chatman. As Barnett got ready for the party, Chatman noticed Barnett's revolver and asked to borrow it for the night. Barnett permitted him to do so.

Page 1015

A few hours later, the two men began to argue and shove one another. The revolver fell out of Chatman's pants, and Barnett picked it up. Barnett entered the driver's seat of his girlfriend's car and placed the gun on his lap. Chatman reached in the car, grabbed the gun, and pointed it at Barnett's face. Barnett grabbed Chatman's hand, twisting Chatman's wrist to point the gun ...


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