Appeal
from the Johnson Superior Court Trial Court Cause No.
41D02-1705-F2-5 The Honorable Peter D. Nugent, Judge
Attorney for Appellant John B. Norris Vandivier Norris &
Solomon Franklin, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Chandra K. Hein Deputy Attorney General
Indianapolis, Indiana
Riley,
Judge.
STATEMENT
OF THE CASE
[¶1]
Appellant-Defendant, Reese Keith (Keith), appeals his
convictions and sentences for burglary of a dwelling
resulting in serious bodily injury, a Level 1 felony, Ind.
Code §§ 35-43-2-1; 35-43-2-1(4); two Counts of
robbery while armed with a deadly weapon, Level 3 felonies,
I.C. § 35-42-5-1(2) (2014); two Counts of criminal
confinement while armed with a deadly weapon, Level 3
felonies, I.C. §§ 35-42-3-3(a); 35-42-3-3(b)(2)(A);
auto theft, a Level 6 felony, I.C. § 35-43-4-2.5(b)(1)
(2014); and his adjudication as an habitual offender, I.C.
35-50-2-8(b).
[¶2]
We affirm in part, reverse in part, and remand with
instructions.
ISSUES
[¶3]
Keith presents five issues on appeal, which we restate as:
(1) Whether the State produced sufficient evidence to prove
beyond a reasonable doubt that he committed burglary
resulting in serious bodily injury;
(2) Whether his convictions for robbery, criminal
confinement, and auto theft are barred by the continuous
crime doctrine;
(3) Whether the trial court abused its discretion when it
admitted evidence garnered from Keith's custodial
interviews;
(4) Whether the trial court abused its discretion when it
sentenced Keith; and
(5) Whether Keith's sentence is inappropriate in light of
the nature of the offenses and his character.
FACTS
AND PROCEDURAL HISTORY
[¶4]
On May 14, 2017, following an automobile accident that
occurred when he was intoxicated on methamphetamine, Keith
was arrested and admitted for treatment at Johnson Memorial
Hospital, in Franklin, Indiana, before being escorted to
jail. Keith was discharged from the hospital into police
custody but was readmitted to Johnson Memorial shortly
thereafter due to reported seizure activity. Keith was not in
police custody when he was readmitted for treatment.
[¶5]
Sometime after 3:20 a.m. on May 15, 2017, Keith disconnected
himself from his heart monitor and IV and left the hospital
without being formally discharged by his physician. Keith
entered the garage of the nearby home of ninety-year-old
Clayton Dixon and eighty-eight-year-old Ella Dixon (the
Dixons). Keith initially slept in the Dixons' garage but
later broke into the Dixons' home through a basement
window so that he could steal clothing in order to change out
of the hospital gown he was still wearing.
[¶6]
Shortly after Keith broke into their basement, the Dixons
left home to do errands. While they were away, Keith changed
into Clayton's clothing and ate the Dixons' food.
Keith also ransacked the home and discovered the Dixons'
firearm cabinet. The Dixons surprised Keith by returning from
their errands quickly. Ella entered the back door of the home
into the kitchen and was met by Keith, who was wearing a ski
mask and pointing one of the rifles he had found in the home
at her. Ella attempted to call 9-1-1 on her cell phone, but
Keith grabbed the cell phone from her. Clayton then entered
through the back door and attempted to subdue Keith, only
ceasing his efforts upon Ella's pleas to Clayton to
cooperate to avoid injury.
[¶7]
Keith used duct tape to bind Ella's and Clayton's
hands. He then ordered them into their hallway because he
feared they could be seen through the home's large
picture window. Keith used more duct tape to bind Clayton by
his arms and legs to a chair. Keith took Clayton's wallet
from him and removed the cash it contained. Keith also duct
taped Ella's arms and legs to her walker. He rummaged her
purse and removed cash and the keys to the Dixons'
automobile. After holding the Dixons in their home for
approximately forty minutes, Keith drove away in their
automobile, taking three guns and cash with him. Clayton
accessed his pocketknife and used it to cut himself and Ella
free. Ella alerted the authorities, who discovered
Keith's hospital identification bracelet and hospital
gown in the garage where he had discarded them. Subsequent
investigation revealed the presence of Keith's DNA on the
hospital gown and on shards of glass collected from the
Dixons' broken basement window. Clayton and Ella
sustained substantial bruising as a result of being bound.
After the offenses, Clayton complained to Ella that his
bruises "were sore." (Transcript Vol. II, p. 73).
[¶8]
On May 16, 2017, the State filed an Information, charging
Keith with multiple offenses. After a series of amendments to
the Information, the final charges against Keith were for
burglary to a dwelling resulting in serious bodily injury, a
Level 1 felony; two Counts of robbery while armed with a
deadly weapon, a Level 3 felony;[1] two Counts of criminal
confinement while armed with a deadly weapon, Level 3
...