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.

Keith v. State

Court of Appeals of Indiana

July 24, 2018

Anthony A. Keith, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Henry Circuit Court The Honorable Kit C. Dean Crane, Judge Trial Court Cause No. 33C02-1603-F4-2

          ATTORNEY FOR APPELLANT Cara Schaefer Wieneke Wieneke Law Office, LLC Brooklyn, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Lee M. Stoy, Jr. Deputy Attorney General Indianapolis, Indiana

          Brown, Judge.

         [¶1] Anthony A. Keith appeals his conviction for possession of child pornography involving Snapchat[1] images as a level 6 felony. Keith raises one issue which we revise and restate as whether the evidence is sufficient to sustain his conviction. We affirm.

         Facts and Procedural History

         [¶2] H.T. was born on May 14, 2001. She and her family camped at Yogi Bear Jellystone Park in Knightstown, Indiana, where her father worked on the equipment, "every weekend when [she] had school, and then . . . all summer." Transcript Volume 2 at 50. While camping, H.T. met Keith, who was employed by the campground, and knew him for three to four years before they "bec[a]me friends." Id. H.T. would ride along with him on the campground's "chuck wagon" to assist while Keith worked on equipment or campers that required maintenance. Id.

         [¶3] At some point, Keith asked H.T. for her cellular phone number, and the two exchanged numbers. Keith and H.T. would text each other on a daily basis. They also communicated via Snapchat, which H.T. had requested Keith to join on April 5, 2015.

         [¶4] On October 24, 2015, H.T participated in the campground's haunted trail. At the end of the night, Keith, who was wearing a bear costume, approached H.T. and asked her to help turn off the generators. When the two were alone, he asked H.T. to "play with his [penis]" and if he could fondle her. Transcript Volume 2 at 61. He also took pictures of H.T.'s uncovered vagina with his phone.

         [¶5] On October 25, 2015, Keith and H.T. communicated via text message as follows:

Keith: Good Morning sweetie. Thanks for your help last night
H.T.: Your [sic] welcome
H.T.: Are you still out here at the campground
Keith: Yep. I'll come see you when Teresa leaves
H.T.: Ok tell me when she leaves so I know
* * * * *
H.T.: Are you going to come see me before I leave
H.T.: Will you come see me before I leave please
Keith: I'm heading up now. She is or has just left

         State's Exhibit 1 at 3.

         [¶6] At some point, Keith and H.T. again exchanged text messages as follows:

Keith: I'm trying
Keith: Try snapchatting me
H.T.: Ok
H.T.: What do you want me to snapchat you
Keith: I don't care, I don't even have you as a friend
Keith: I ain't seeing or receiving anything WTF
H.T.: What is your username
Keith: Oh wait. Did you just send "who is this"
H.T.: Yes
Keith: D--- it. Is there another app that only you and me can chat. I'm afraid Teresa could be monitoring snap chat. My Friends are people I don't even know.
H.T.: Not that I know of, []but you can unfriend the people you you don't want on there.

Id. at 6.

         [¶7] On November 4, 2015, Keith and H.T. shared the following exchange by text message:

H.T.: What's up
Keith: Jake[2] ...

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.