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Taylor v. State

Court of Appeals of Indiana

May 4, 2018

Andre Taylor, a/k/a Robert Davidson, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court The Honorable James Osborn, Judge Trial Court Cause No. 49G02-1501-F2-1210

          ATTORNEY FOR APPELLANT Frederick Vaiana Voyles Vaiana Lukemeyer Baldwin & Webb Indianapolis, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana

          Barnes, Judge.

          Case Summary

         [¶1] Andre Taylor, a/k/a Robert Davidson, [1] appeals his convictions for Level 2 felony burglary, Level 3 felony armed robbery, two counts of Level 3 felony criminal confinement, and the finding that he is an habitual offender. We affirm in part, reverse in part, and remand.

         Issues

         [¶2] The issues before us are:

I. whether the trial court properly admitted evidence recovered from Taylor's cell phone; and
II. whether his multiple convictions violate double jeopardy principles.

         Facts

         [¶3] In the early morning hours of January 10, 2015, Victor Villalobos was at his home in Indianapolis packing items to send to his family in Mexico. Villalobos's housemate Julian Altatenco also was there. Villalobos and Altatenco heard loud banging on the front and back doors. Villalobos looked through a window onto his front porch and saw a man with a gun. At that point Villalobos attempted to call 911 but was unable to complete the call before two men broke in through the back door, two men broke in through the front door, and one of them took his cell phone. At least two of the men were armed with guns, and they all were wearing masks. Two of the men forced Villalobos into a bedroom, and the other two men forced Altatenco into another room. The men attempted to tie Villalobos's and Altatenco's hands with zip ties, repeatedly punched them both, and demanded money from Villalobos. At first, Villalobos said he had no money. However, after one of the men pointed a gun at Villalobos's head and threatened to kill him, Villalobos told them there was $150 on a table, which one of the men took.

         [¶4] One of Villalobos's neighbors called 911 and reported several men breaking into his residence. Indianapolis Metropolitan Police Officers Kevin Larussa, Michael Beatty, and Shiela McNeal responded to the call. When arriving on the scene, Officer Larussa saw a masked man dressed in black looking at him from the front window of Villalobos's house. The officers then heard someone yell "police, " followed by running in the house. Officers Larussa and Beatty ran into the front of the house and saw two black men, one dressed in gray and the other in black, running out the back door. The man in black managed to scale a fence and run away. After that, a shot was fired toward Officer Larussa. Officer Larussa turned toward where the shot came from and saw the man in gray pointing a gun at him. Officer Larussa returned fire multiple times and hit the man in the leg. When the officers arrested the man, he gave his name as Robert Davidson rather than his actual name, Andre Taylor. The other three men involved in the burglary and robbery were Donte Jones, Dariel Dodd, and Quincy Stamps.

         [¶5] Later that same day while searching the scene, officers found a cell phone in Villalobos's backyard, which was determined to belong to Jones. When Taylor was taken to the hospital for treatment of his gunshot wound, police seized his phone. A technician was able to determine that between January 8-10, 2015, there were thirty-six calls and six texts between these two phones. However, because there was a ...


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