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.

Crittendon v. State

Court of Appeals of Indiana

August 8, 2018

Tavis Ray Crittendon, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

          Appeal from the Kosciusko Circuit Court The Honorable Michael W. Reed, Judge Trial Court Cause No. 43C01-1601-F6-61

          ATTORNEY FOR APPELLANT Jay A. Rigdon Rockhill Pinnick LLP Warsaw, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General Caryn N. Szyper Deputy Attorney General Indianapolis, Indiana

          Vaidik, Chief Judge.

         Case Summary

         [¶1] Following a heroin overdose, the State charged Tavis Ray Crittendon with Level 6 felony possession of a narcotic drug. Following a bench trial, the trial judge found him guilty, reasoning that Crittendon admitted using heroin and had to possess the heroin in order to use it. Crittendon now appeals, arguing that he cannot be convicted of possessing the heroin he admitted consuming. Because this Court has already determined that a defendant can be found guilty of possessing the drug that was consumed (without the State having to introduce the drug into evidence), we affirm.

         Facts and Procedural History

         [¶2] In the early-morning hours of January 25, 2016, Acacia Frye called 911 when she found Crittendon, her live-in boyfriend, unresponsive with blue lips. Acacia "immediately recognize[d] it as a [h]eroin overdose" and started administering CPR. Tr. p. 36.

         [¶3] When Deputy Christopher Francis with the Kosciusko County Sheriff's Department arrived at the Warsaw house, medics were working on Crittendon. Crittendon, who appeared "heavily impaired," was talking to the medics. Id. at 14. As the medics transported Crittendon to the hospital, Deputy Francis spoke with Acacia because he wanted "to figure out exactly what [Crittendon] was on for his well-being." Id. at 13-14. Acacia told him that there were narcotics in the house. Acacia then led Deputy Francis to a bedroom in the attic and lifted the mattress, revealing plastic baggies, a syringe, and a marijuana pipe. A powder in one of the bags field-tested positive for heroin. Acacia said she purchased the heroin the day before in South Bend. Id. at 33.

         [¶4] Meanwhile, another deputy went to the hospital to speak with Crittendon. The interview was recorded. Crittendon told the deputy that he didn't know about the items under the mattress. When the deputy asked Crittendon what happened, he said:

I, uh, slipped up. Did some, well what I thought was a little bit of coke, some heroin. Went to sleep. Woke up to the ambulance being there and my girlfriend freaking out.

Ex. 1.[1] He told the deputy that he used the cocaine and heroin with an old friend at a gas station in Milford, a nearby town in Kosciusko County.

         [¶5] The State charged Crittendon with Level 6 felony possession of a narcotic drug.[2] Crittendon filed a written waiver of his right to a jury trial (which was signed by both him and his attorney), see Appellant's App. Vol. II pp. 22-23, and a bench trial was held.

         [¶6] At the bench trial, the State's theory was that Crittendon possessed the heroin found under the mattress. Defense counsel's theory was that Crittendon did not possess the heroin found under the mattress, that he used a different batch of heroin belonging to a friend, and that a person cannot be convicted of possessing a drug they consumed. The trial judge was not persuaded by defense counsel's argument, finding that because Crittendon admitted to using heroin ...


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.