Alec N. Clark, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
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
OF THE CASE
Appellant-Defendant, Alec N. Clark (Clark), appeals his
conviction for theft, a Level 6 felony, Ind. Code §
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.
AND PROCEDURAL HISTORY
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.
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
Clark now appeals. Additional facts will be ...