from the Clay Circuit Court Trial Court Cause No.
11C01-1605-F3-336 The Honorable Joseph D. Trout, Judge
Attorney for Appellant Kimberly A. Jackson Indianapolis,
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Katherine Cooper Deputy Attorney General
Stacy Lamont Griffin ("Griffin") appeals his
conviction for Attempted Robbery, as a Level 5
felony. We affirm.
Griffin presents three issues for review:
I. Whether the procedures by which the trial court conducted
voir dire deprived Griffin of a fair and impartial jury;
II. Whether there is sufficient evidence of probative value
to support his conviction; and
III. Whether his sentence is inappropriate.
and Procedural History
On May 13, 2016, pharmacist Sarah Cox ("Cox") was
working with two pharmacy technicians, Sara Mills
("Mills"), and Brandi Schutter
("Schutter"), in a Kroger pharmacy in Brazil,
Indiana. The pharmacy employees had been warned, one day
earlier, to be on high alert due to a rash of recent
robberies by individuals wearing hats or hoodies.
Cox saw two men wearing black baseball caps in the cosmetics
aisle "peeking backward" at the pharmacy. (Tr. Vol.
II, pg. 114.) Each man had his face "turned back over
his shoulder" and was staring. (Tr. Vol. II, pg. 124.)
Mills and Schutter each observed that the men were not
looking at the products for sale; rather, they appeared to be
"peeping" or "peering around … staring
at associates." (Tr. Vol. II, pgs. 132, 139.) Schutter
walked back to the pharmacy and informed Cox that she felt as
if "something really bad was about to happen." (Tr.
Vol. II, pg. 139.)
Cox issued an intercom page for a fictitious customer to
alert the store manager of a security issue. Pursuant to
their training, several employees proceeded to the pharmacy
and surrounded it. One employee called 9-1-1. The two men in
baseball caps quickly left the store.
City of Brazil police officers who had been having lunch in
the same retail plaza as Kroger responded immediately, and
apprehended Griffin just outside the Kroger store. He was
physically cooperative but initially supplied an incorrect
name and birth date. A handwritten note was in Griffin's
right front pants pocket. The note read:
This is a Robbery Please Corporate [sic] or I will kill you I
need Tussinex [sic] Percocet 10 mg Roxicodine [sic] 10 mg 30
(State's Ex. 9.)
Meanwhile, other officers apprehended Robert Coleman
("Coleman") as he attempted to enter a different
store in the same retail plaza; he too offered a fictitious
name. A customer from a nearby nail salon came forward to
report that she had seen a man throw a gun into a trashcan
just as she had heard officers issue commands to get down on
the ground. Officers retrieved a loaded semi-automatic gun
from a trash can near where Coleman was apprehended. Griffin
advised one of the officers that Coleman had disposed of a
gun. He also advised that Coleman had handed him the
handwritten note while they were inside the Kroger store.
Griffin denied reading it before pocketing it.
Griffin was charged with Attempted Robbery, as a Level 5
felony, Conspiracy to Commit Robbery, and False Informing. He
filed two pre-trial motions concerning jury selection: a
"Motion for Individual Voir Dire of Potential
Jurors" and a "Motion to Prohibit the
'Rehabilitation' of Prospective Jurors and From
Asking any Form of the 'Magic Question.'" (App.
at 129-131.) On July 5, 2016, the trial court issued an order