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Clark v. State

Court of Appeals of Indiana

May 30, 2019

Alec N. Clark, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Hamilton Superior Court The Honorable Gail Z. Bardach, Judge Trial Court Cause No. 29D06-1710-F6-7630

          ATTORNEY FOR APPELLANT James D. Crum Coots Henke & Wheeler, PC Carmel, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Josiah Swinney Deputy Attorney General Indianapolis, Indiana

          RILEY, JUDGE.

         STATEMENT OF THE CASE

         [¶1] Appellant-Defendant, Alec N. Clark (Clark), appeals his conviction for theft, a Level 6 felony, Ind. Code § 35-43-4-2(a).

         [¶2] We affirm.

         ISSUE

         [¶3] Clark raises one issue on appeal, which we restate as: Whether the State established by a preponderance of the evidence that proper venue is located in Hamilton County.

         FACTS AND PROCEDURAL HISTORY

         [¶4] On July 30, 2017, Clark and Kassie Werner (Werner), his fiancée, went to Runyon Equipment Rental, located in Carmel, Indiana, where Werner rented a commercial riding lawnmower. Werner signed the rental contract, paid for one day of rent, and drove off with the mower on a Runyon trailer. When Clark and Werner returned to their residence, they created an online advertisement to sell the mower. After securing a buyer, they executed the sale in Marion County, on a Meijer parking lot on the West side of Indianapolis.

         [¶5] About a month later, Runyon Equipment Rental reported the theft to the Carmel Police Department. After an investigation, police arrested Clark. On October 19, 2017, the State filed an Information, charging Clark with theft, a Level 6 felony. On August 30, 2018, the State amended the Information by filing an habitual offender enhancement. On November 27, 2018, during a bifurcated trial in Hamilton County, the jury found Clark guilty as charged and the trial court dismissed the habitual offender Count on the State's motion. On December 31, 2018, the trial court sentenced Clark to 545 days executed, with 365 days of work release.

         [¶6] Clark now appeals. Additional facts will be ...


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