Crystal G. Smith, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Hendricks Superior Court The Honorable Stephenie
LeMay-Luken, Judge. Trial Court Cause No. 32D05-1708-F6-778
ATTORNEY FOR APPELLANT Zachary J. Stock Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Henry A. Flores Deputy Attorney General
Crystal Gayle Smith appeals her conviction, following a jury
trial, for theft, a Level 6 felony. We affirm.
Smith raises one issue on appeal, which we restate as whether
sufficient evidence exists to support her conviction.
Champion Chevrolet ("Champion") is an auto
dealership in Avon, Indiana. Champion's premises are
monitored by video surveillance. When Champion's
customers buy new tires, Champion disposes of the
customers' old tires. As a matter of "company
policy," Champion does not give away or resell the old
people typically replace their tires when their old tires are
unsafe and shouldn't be used anymore, so, . . .
[Champion] can't give them away to people. Otherwise,
[Champion would] be liable if . . . [people] took that unsafe
tire and had a blowout on the highway or whatever. [The used
tires are] just not safe for people to be driving on.
Tr. Vol. II p. 59; see id. at 64-65 (". .
.[I]t's company policy that we don't give people
permission to take those tires . . . it would put [Champion]
at tremendous liability if someone were to take that tire and
put it on their vehicle or sell it to someone who would then
put it on a vehicle[.]").
Champion routinely stores used tires in a fenced
"dumpster area and . . . scrap area" that is
"typically locked." Id. at 58. The
enclosure bears a warning sign "that says . . . .
[y]ou're being watched[.]" Id. The used
tires remain within the enclosure until they are retrieved by
a contractor that Champion pays to retrieve, dispose of,
and/or recycle them. Champion undertakes this disposal
procedure as a prophylactic measure to prevent legal
exposure. Champion does not sell the used tires or collect a
recycling reimbursement for the used tires.
On August 1, 2017, the enclosure was inadvertently left
unlocked. At approximately 9:50 p.m., Smith and an accomplice
entered Champion's premises, entered the enclosure,
removed several used tires, loaded them into a vehicle, and
drove away. A Champion employee, who was monitoring ...