Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lacy v. State

Court of Appeals of Indiana

August 16, 2016

Harry L. Lacy, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Delaware Circuit Court Trial Court Cause No. 18C05-1502-F6-52 Honorable Thomas A. Cannon, Jr., Judge

          Attorney for Appellant Jill A. Gonzalez Public Defender's Office Muncie, Indiana

          Attorneys for Appellee Gregory F. Zoeller Attorney General of Indiana Brian Reitz Deputy Attorney General Indianapolis, Indiana

          OPINION

          May, Judge.

         [1] Harry L. Lacy appeals his conviction of Level 6 felony identity deception[1]arguing the trial court abused its discretion by declining to give his tendered jury instructions. He also claims the prosecutor committed misconduct by arguing Lacy had the burden to prove an affirmative defense. We affirm.

         Facts and Procedural History

         [2] On January 31, 2015, Lacy entered the Delaware County Jail to visit his wife, Cassandra Collins, who was an inmate. Collins' lawyer was Mark McKinney. Lawyers have unsupervised private contact with clients who are inmates at the jail, while visiting family and friends are required to be separated from inmates by glass and speak to them through a phone.

         [3] Lacy signed in as "Mark McKinney" and claimed to be Collins' lawyer. (Tr. at 75.) Identifying himself as McKinney, he said he needed to see his client and gave the corrections officer a business card that read "Mark McKinney, Attorney at law." (Id. at 74.) Lacy went through three security doors and sat down in a meeting room with Collins before an officer who knew Lacy was not a lawyer, recognized him. Lacy continued to insist he was Collins' lawyer as he was escorted out of the jail. McKinney was not at the jail on January 31, and he did not give Lacy permission to use his identifying information.

         [4] The State charged Lacy with Level 6 felony identity deception. The trial court gave the pattern jury instruction outlining the offense over Lacy's objection. Lacy tendered two other instructions that the trial court rejected. A jury found Lacy guilty as charged.

          Discussion and Decision

         Jury Instructions

         [5] Instructing a jury is left to the sound discretion of the trial court and is reviewed only for an abuse of discretion. Hayes v. State, 15 N.E.3d 82, 84 (Ind.Ct.App. 2014), trans. denied. On review of a decision not to give a proposed jury instruction, we consider whether the instruction (1) correctly states the law, (2) is supported by the evidence, and (3) is covered in substance by other instructions that are given. Simmons v. State, 999 N.E.2d 1005, 1011 (Ind.Ct.App. 2013), reh'g denied, trans. denied. We consider jury instructions as a whole and in reference to each other and do not reverse unless the instructions as a whole mislead the jury as to the law in the case. Id.

         [6] The preferred practice is to use the pattern jury instructions. Gravens v. State, 836 N.E.2d 490, 493 (Ind.Ct.App. 2005) (quoting Cochrane v. Lovett, 337 N.E.2d 565, 570 n.6 (Ind.Ct.App. 1975)) (noting the pattern instructions "have apparent approval of the Indiana Supreme Court as evidenced by the preferred treatment given such instructions in Indiana Rule of Trial Procedure 51(E)"), trans. denied. The pattern instruction for identity deception provides:

A person who knowingly or intentionally obtains, possesses, transfers or uses the identifying information of another person without the other person's consent and with intent to assume the identity of another person commits identity deception, a Level 6 felony.
Before you may convict Harry L. Lacy of Count 1, Identity Deception, a Level 6 felony, the State must have proven each of the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.