from the Vanderburgh Circuit Court Cause No.
82C01-1903-F6-1559 The Honorable Michael J. Cox, Magistrate
Attorney for Appellant Tyler Helmond Voyles Vaiana Lukemeyer
Baldwin & Webb Indianapolis, Indiana
Attorneys for Appellee Frank A. Negangard Chief Deputy
Attorney General Stephen R. Creason Angela Sanchez Sarah J.
Shores Deputy Attorneys General Indianapolis, Indiana
OF THE CASE
Appellant-Defendant, David A. Kifer (Kifer), appeals his
conviction for criminal trespass, as a Level 6 felony, Ind.
Code § 35-43-2-2(b)(1).
Kifer presents this court with two issues on appeal, one of
which we find dispositive and which we restate as: Whether
the State presented sufficient evidence beyond a reasonable
doubt to support Kifer's conviction for criminal
AND PROCEDURAL HISTORY
On March 1, 2005, David Rector (Rector), the general manager
for the Evansville Vanderburgh County Building Authority
(Building Authority), mailed a letter to Kifer, alerting him
to "[p]lease be advised that you are no longer permitted
to be in the Civic Center Complex. This action is required in
order to protect the safety of those who visit and work in
the Civic Center Complex." (Transcript Vol. II, p. 63).
The Civic Center Complex consists of three buildings and
houses different government agencies, including the county
courts, the police department, and the city and county
administrative offices. On February 14, 2009, Kifer was
sentenced in an unrelated case and the trial court,
referencing the earlier ban, suggested that he contact the
sheriff's office several days in advance if he needed to
enter the building. The sheriff's office would then
provide him with an escort to the specific office that he
needed to visit.
On March 4, 2019, Kifer arrived at the Civic Center Complex
wanting to make a report at the police station. Kifer
believed that he had just come "from a place where [his]
life was threatened, knives were held on [him], and [he]
managed to escape." (Tr. Vol. II, p. 108). Kifer entered
the Civic Center Complex through the entrance closest to the
police department. Two officers staffed the entrance and both
of them knew Kifer and were aware that he was banned from the
building. The officers did not ask him to leave, nor did an
officer escort Kifer, and there is no evidence an escort
request had been made. Kifer passed through the
entrance's screening mechanisms and proceeded to the
police department to make his report. After entering the
police department and reporting the alleged crime, Kifer was
placed under arrest.
On March 6, 2019, the State filed an Information, charging
Kifer with criminal trespass, a Class A misdemeanor, which
was enhanced to a Level 6 felony due to a prior trespass
conviction. On April 12, 2019, the trial court conducted a
bifurcated jury trial, at the close of which Kifer was found
guilty of criminal trespass. He subsequently admitted to the
prior conviction under the enhancement charge. On May 21,
2019, Kifer was sentenced to a two-year executed sentence at
the Department of Correction.
Kifer now appeals. Additional facts will be ...