Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Miller v. State

Court of Appeals of Indiana

December 17, 2019

Tyler Miller, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court The Honorable Grant Hawkins, Judge Trial Court Cause No. 49G05-1601-MR-2267

          ATTORNEY FOR APPELLANT Darren Bedwell Marion County Public Defender Indianapolis, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Samuel J. Dayton Deputy Attorney General Indianapolis, Indiana

          BROWN, JUDGE.

         [¶1] Tyler Miller appeals his sentence for murder, attempted robbery as a level 5 felony, and robbery as a level 3 felony. He also requests a corrected abstract of judgment and sentencing order. We affirm and remand.

         Facts and Procedural History

         [¶2] On January 15, 2016, Khushwinder Singh was working as a clerk at the Cumberland Express Mart. Brittany Thompson, who planned to begin working at the store the following day, was also present. At approximately 7:00 p.m., a man entered the store, purchased a cigar, and left. A few minutes later, Miller and a third man entered the store, displayed firearms, and stated they were robbing the store. Singh was on the phone, "said something in his language," and set the phone down. Transcript Volume II at 119. Miller shot Singh, the bullet perforated Singh's heart, and Singh grabbed his chest and dropped to the floor. The men told Thompson to open the register, she was not able to open it, and the men left the store. Singh died within minutes as a result of the gunshot wound.

         [¶3] At approximately 7:51 p.m., Miller used his phone to access a news article titled "Man dies in far east side shooting." State's Exhibit 141. At approximately 9:20 p.m., Miller and one of the other men entered a Rich Oil station on Brookville Road, and one of the men commanded the store clerk to open the register and struck him on the head with a gun. The clerk opened the register, and the men took the cash and exited the store. The police located the vehicle in which the men had fled at 9:32 p.m., set up a perimeter, and soon afterwards apprehended the three men.

         [¶4] On January 20, 2016, the State charged Miller with: Count I, murder; Count II, felony murder; Count III, attempted robbery resulting in serious bodily injury as a level 2 felony; Count IV, robbery resulting in bodily injury as a level 3 felony; and Count V, battery by means of a deadly weapon as a level 5 felony. The jury found him guilty as charged.

         [¶5] The court entered judgments of conviction for murder under Count I, robbery as a level 5 felony as a lesser included offense under Count III, and robbery as a level 3 robbery under Count IV. At sentencing, the prosecutor asked for a sentence of sixty years for the murder and an aggregate sentence of seventy-five years and argued Miller was the person who shot Singh. Miller's counsel asked for the minimum sentence on each count and concurrent sentences and argued that Miller was seventeen years old when the crimes occurred, had no prior convictions, graduated from high school, was employed, and was the primary caretaker for his mother. The court stated that Miller was the shooter, the shooting was needless, and that, given that he had no prior convictions, was a high school graduate, and was employed, it was sentencing him to the advisory for murder. The court noted that Miller was involved with the robbery within two hours of the shooting and sentenced him to consecutive sentences of fifty-five years on Count I, five years on Count III, and twelve years on Count IV, for an aggregate sentence of 72 years.

         Discussion I.

         [¶6] Miller presents two arguments with respect to Count III: the abstract of judgment and sentencing order should be corrected to reflect his attempted robbery conviction, and his sentence should be reduced in light of Ind. Code § 35-50-2-1.3.

         A. Correction of Abstract of Judgment and Sentencing Order on Count III

         [¶7] Miller observes the trial court's sentencing order and abstract of judgment show a conviction for robbery under Count III but that the jury found him guilty of attempted robbery. The State charged Miller with attempted robbery under Count III, the court instructed the jury on attempted robbery, and the jury found him guilty of attempted robbery. We remand for an amended abstract of judgment and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.