Martin v. State

784 N.E.2d 997

Joshua MARTIN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

No. 70A05-0202-CR-94.

Court of Appeals of Indiana.

March 12, 2003.

Jeffrey A. Baldwin, Baldwin & Dakich, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General, Indianapolis, IN, Attorneys For Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Joshua Martin appeals his conviction of Battery as a Class C felony for beating a man to death. Specifically, he contends that the State failed to rebut his claim of self-defense. He also contends that the trial court erred in admitting into evidence eight photographs depicting the victim's injuries because they were irrelevant, unduly prejudicial, and cumulative. In addition, he contends that the trial court erred in denying his Motion to Correct Error on grounds that the State charged the victim's fiancée with perjury and false informing after the trial and sentencing in this case. Lastly, Joshua contends that the trial court erred in sentencing him to the maximum term of eight years, that his sentence is manifestly unreasonable, and that it was error for the trial court to order him to pay restitution to the victim's family for the victim's funeral expenses.

Because the force Joshua used was not proportionate to the requirements or urgency of the situation, we conclude that the State met its burden of negating at least one of the elements of self-defense. Further, because the issue at trial was whether Joshua used excessive force and the photographs, which differed from each other, depicted the nature and extent of the victim's injuries, the photographs were relevant and neither unduly prejudicial nor cumulative. The trial court properly denied Joshua's Motion to Correct Error because Joshua failed to prove that the result of the trial would have been any different as the jury was already aware of the facts underlying the charges. Because the trial court properly found six aggravators and concluded that they outweighed the four mitigators, we determine that the trial court did not err in sentencing Joshua to the maximum term. Joshua's eight-year sentence for battery is not inappropriate because Joshua, who had a history of criminal and delinquent activity as well as arrests, brutally beat a man causing his death. Lastly, because the victim's family suffered financial loss as a direct and immediate result of the battery, the trial court did not err in ordering Joshua to pay restitution.

Facts and Procedural History

Leslie Ficklin was a server at Martin's Triangle in Rushville, Indiana. On February 28, 2001, Ficklin waited on Joshua, Joshua's father Steve Martin, and some of their friends (the Martin party). Although the restaurant had closed for the evening, Connie Martin, the owner of the restaurant and sister to Steve, asked Ficklin to stay late and finish waiting on them. While Ficklin waited on the Martin party, her fiancée Derrick Walker waited in the bar area.

Around 10:30 p.m., one and a half hours after Ficklin's shift was supposed to end, Ficklin presented the Martin party with its check. Steve paid the bill and left a ten-dollar tip. As Ficklin and Walker were leaving the restaurant, several members of the Martin party were congregating in the entry way. On their way out the door, Steve said, "See you later, freak." Tr. p. 144. Walker stopped, but Ficklin pulled him out the door and told him that it was not worth it. Nevertheless, Walker went back inside the restaurant.

When Walker entered the restaurant, he grabbed Steve around the neck and pushed him up against the wall. Steve then punched Walker in the head and told Walker to get off him. As Steve and Walker struggled, Joel Bouslog, a member of the Martin party, unsuccessfully attempted to separate them. As a result, Joshua ran over to Steve and Walker and told Walker not to touch his father again. After pushing his father out of the way, Joshua punched Walker twice in the face and pushed him down to the ground. Joshua then straddled Walker, who was lying on his back, and put his hands on Walker's upper chest and lower neck. As Walker swung up and grabbed at Joshua, Joshua punched him in the face at least three times. At this point, Joshua Cooper, another member of the Martin party, tugged on Joshua's sweater in an effort to get him to stop, but Joshua did not acknowledge him. As Cooper left the restaurant, Joshua was still straddling Walker.

Ficklin stayed outside when Walker went back inside the restaurant. However, upon hearing a lot of noise, she decided to go back inside. Upon entering, Ficklin saw a lot of people cheering and Joshua straddling Walker on the ground. According to Ficklin, Joshua was "repeatedly" punching Walker. Tr. p. 149. Eventually, Joshua got up and left the restaurant. Ficklin called police, and officers arrived minutes later. Emergency medical technicians also arrived, but Walker refused medical treatment at that time. However, shortly thereafter Ficklin took Walker to the emergency room at Rush Memorial Hospital.

When Walker arrived at the emergency room around 11:15 p.m., the emergency room physician observed that Walker had a swollen face, black eyes, his nose was bleeding and appeared broken, his upper teeth were loose, and the bones in his right cheekbone were grinding against each other. The doctor then ordered X-rays and a CAT scan, which revealed multiple fractures to Walker's facial bones and sinuses. Concerned about potential damage to Walker's brain and spinal cord and because Walker's condition had significantly worsened, the doctor summoned Lifeline Helicopter from Methodist Hospital in Indianapolis. Dr. Larry Stevens from Methodist Hospital examined Walker at 1:59 a.m. on March 1, at which time Dr. Stevens pronounced him dead. Dr. Donna Smith and Dr. Dean Hawley performed an autopsy on Walker on March 2. They concluded that the cause of death was "[a]sphyxia with fracture of hyoid bone [d]ue to: blunt force injury of head and neck." Exhibit 22.

The State subsequently charged Joshua with Murder¹ and Aggravated Battery, a Class B felony.² Following his 2001 jury trial, Joshua was convicted of Battery, a Class C felony,³ as a lesser-included offense of aggravated battery. Following a sentencing hearing, the trial court sentenced Joshua to the maximum term of eight years. The trial court also ordered Joshua to pay Walker's funeral expenses. Joshua subsequently filed a Motion to Correct Error, which the trial court denied. This appeal ensued.

Discussion and Decision

Joshua raises six issues on appeal. First, he contends that the State failed to rebut his claim of self-defense. Second, he contends that the trial court erred in admitting into evidence eight photographs of Walker depicting his injuries. Third, he contends that the trial court erred in denying his Motion to Correct Error. Fourth, he contends that the trial court erred in sentencing him to the maximum term of eight years by considering improper aggravators and by not assessing enough weight to the mitigators. Fifth, he contends that his eight-year sentence is manifestly unreasonable. Lastly, he contends that the trial court erred in ordering him to pay Walker's funeral expenses. We address each issue in turn.

I. Self-defense

Joshua contends that the State failed to rebut his claim of self-defense. A valid claim of defense of oneself or another person is legal justification for an otherwise criminal act. Wilson v. State, 770 N.E.2d 799, 800 (Ind.2002). When reviewing a question of whether the State negated the defendant's claim of self-defense beyond a reasonable doubt, our standard is the same as in any other challenge to the sufficiency of the evidence. Hollowell v. State, 707 N.E.2d 1014, 1021 (Ind.Ct.App. 1999). We neither reweigh the evidence nor determine the credibility of the witnesses. Whitney v. State, 726 N.E.2d 823, 825 (Ind.Ct.App.2000). We look solely to the evidence most favorable to the verdict together with all reasonable inferences to be drawn therefrom. Id. A defendant's conviction, despite a claim of self-defense, will not be reversed unless no reasonable person can say that the State negated the claim beyond a reasonable doubt. Hollowell, 707 N.E.2d at 1021.

Indiana Code § 35-41-3-2(a), which governs the use of force to protect a person, provides in pertinent part:

A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person is justified in using deadly force only if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.

In order to prevail on a claim of self-defense, the defendant must show that he: (1) was in a place where he had a right to be; (2) did not provoke, instigate, or participate willingly in the violence; and (3) had a reasonable fear of death or great bodily harm. Wilson, 770 N.E.2d at 800. When a claim of self-defense is raised and finds support in the evidence, the State has the burden of negating at least one of the necessary elements. Id.

The State does not dispute that Walker initiated the attack upon Steve and that Joshua had the right to come to his father's aid. Instead, the State argues that "the amount of force used by [Joshua] was unreasonable and in excess of that needed for the protection of Steve[.]" Appellee's Br. p. 6. Joshua counters that he "responded to Walker's aggression with reasonable force." Appellant's Reply Br. p. 2. The amount of force that is reasonably necessary to defend oneself or another person is determined from the standpoint of the defendant in light of the surrounding circumstances. Geralds v. State, 647 N.E.2d 369, 373 (Ind.Ct.App. 1995), trans. denied. However, the force used must be...