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Olson v. State

Court of Appeals of Indiana

November 4, 2019

Johnathan Olson and Austin J. Mahoney, Appellants-Defendants,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Vigo Superior Court The Honorable Michael J. Lewis, Judge Trial Court Cause Nos. 84D06-1809-F2-3494 84D06-1809-F2-3491

          ATTORNEY FOR APPELLANT - JOHNATHAN OLSON Michael G. Moore Indianapolis, Indiana

          ATTORNEY FOR APPELLANT - AUSTIN MAHONEY Leanna Weissmann Lawrenceburg, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Ian McLean Supervising Deputy Attorney General Indianapolis, Indiana

          NAJAM, JUDGE.

         Statement of the Case

         [¶1] In this consolidated appeal, Johnathan Olson and Austin Mahoney appeal the trial court's denial of their motions to dismiss the State's charges against them for robbery, as Level 2 felonies. Olson and Mahoney present two issues for our review:

1. Whether the trial court erred when it denied their motions to dismiss the charges.
2. Whether the State is collaterally estopped from prosecuting them for robbery.

         [¶2] We affirm.

         Facts and Procedural History

         [¶3] In 2018, Olson, Mahoney, and four of their friends, all minors, visited the Jiffy Mini Mart in Terre Haute and stole items from the store "on multiple occasions." Appellants' App. Vol. 2 at 14. On September 20, the group stole items from the store, and when they returned to the store later that evening, Jiffy Mini Mart employee Robert Bailey confronted them and asked them to leave the store. While Bailey was distracted by other members of the group, Mahoney reached over a counter and stole a package of cigars. Mahoney and the group then exited the store, with Bailey following them.

         [¶4] Once outside in the parking lot, the young men surrounded Bailey and, when Bailey tried to get away, Mahoney punched Bailey in the head. A passerby, Ron Deitz, intervened in an attempt to aid Bailey, and the group threatened Deitz. In the meantime, one of the young men struck Bailey in the head and knocked him to the ground. While Bailey was lying on the ground, Mahoney kicked Bailey in the stomach, and Olson "stomp[ed]" on Bailey's head. Id. The group then fled the scene.

         [¶5] The State charged Olson and Mahoney each with robbery, as a Level 2 felony; battery, as a Level 5 felony; theft, as a Class A misdemeanor; criminal mischief, as a Class A misdemeanor; and criminal trespass, as a Class A misdemeanor. The robbery charges meant that Olson and Mahoney would be tried as adults. See Ind. Code ยง 31-30-1-4(a)(6)(B) (2019) (providing that if an individual is at least sixteen years old and commits robbery resulting in bodily injury a juvenile court lacks jurisdiction over the ...


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