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.

Lumbley v. State

Court of Appeals of Indiana

April 6, 2017

Jacob R. Lumbley, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Tippecanoe Superior Court The Honorable Steven P. Meyer, Judge, Trial Court Cause No. 79D02-1411-F3-3

          Attorney for Appellant Bruce W. Graham Graham Law Firm P.C. Lafayette, Indiana.

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Michael Gene Worden Deputy Attorney General Indianapolis, Indiana.

          BROWN, JUDGE.

         [¶1] Jacob R. Lumbley appeals his convictions and sentence for conspiracy to commit robbery as a level 5 felony, robbery as a level 5 felony, and two counts of criminal confinement as level 3 felonies, enhanced by the use of a firearm. Lumbley raises three issues which we revise and restate as:

I. Whether the trial court erred by enhancing the sentences for his two criminal confinement convictions based upon his use of a firearm;
II. Whether the trial court erred in ordering that the enhanced sentence for each criminal confinement conviction be served consecutive to each other; and
III. Whether double jeopardy prohibits his convictions for conspiracy to commit robbery and robbery.

         We affirm.

         Facts and Procedural History

         [¶2] During October and November 2014, Lumbley and Miguel Garcia agreed to commit robbery. Lumbley obtained sweatshirts and masks to conceal their identities and a gun. On November 1, 2014, Lumbley and others took property including U.S. currency and merchandise from a Speedway in Tippecanoe County. Lumbley took property from the clerk, Michael Reynolds, by putting him in fear by pointing a Ruger handgun and demanding property. Lumbley confined Reynolds without his consent by using the deadly weapon. Lumbley pointed it and put it close to the clerk's head and face. He also took Reynolds' cellphone so he would not call the police and shared in the proceeds of the robbery.

         [¶3] On November 5, 2014, Lumbley, Garcia, and Tiffany Mounts were together. Lumbley took property, U.S. currency, merchandise, and cellphones from Josh Moore and Megan Vessels, clerks at a Village Pantry, by threatening to use force or putting them in fear. Lumbley also took property of Village Pantry. He possessed a shotgun and confined Moore by "using a firearm and pointing the firearm at him . . . ." Transcript at 48. Specifically, he elevated the gun and pointed it at both Moore and Vessels. Lumbley also confined Vessels.

         [¶4] On November 12, 2014, the State charged Lumbley with: Count I, conspiracy to commit robbery as a level 3 felony; Count II, robbery as a level 3 felony; Count III, criminal confinement as a level 3 felony; Count IV, theft as a class A misdemeanor; Count V, theft as a class A misdemeanor; Count VI, carrying a handgun without a license as a class A misdemeanor; Count VII robbery as a level 3 felony; Count VIII, criminal confinement as a level 3 felony; Count IX, criminal confinement as a level 3 felony; Count X, theft as a class A misdemeanor; Count XI, theft as a class A misdemeanor; and Count XII, carrying a handgun while having a prior felony conviction as a level 5 felony. On December 4, 2014, the State added the following charges: Count XIII, unlawful use of a firearm in the commission of criminal confinement; and Count XIV, unlawful use of a firearm in the commission of criminal confinement. On December 10, 2014, the State filed amendments to the charging information.

         [¶5] On July 28, 2015, Lumbley filed a motion to suppress, and the court denied the motion on August 12, 2015. On September 1, 2015, the day of Lumbley's scheduled trial, he pled guilty as charged. He admitted that he had been convicted of a felony within the past fifteen years and agreed that he knowingly or intentionally used a firearm in the commission of the criminal confinements at the Speedway and Village Pantry. Specifically, Lumbley's counsel asked him if he confined Reynolds "by using that deadly weapon and not allowing him to leave, correct?" Id. at 43-44. Lumbley answered: "Correct." Id. at 44. Lumbley's counsel asked him if he confined Moore "by using a firearm and pointing the firearm at him, and not allowing him to move freely or leave, correct?" Id. at 48. Lumbley answered: "Yes." Id. On cross-examination by the prosecutor, Lumbley admitted that he took a Ruger handgun into the Speedway and pointed it at and put it close to the clerk's head and face. The prosecutor asked Lumbley: "And so, ...


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.