Pierre Devon Porter v. State of Indiana (mem. dec.) ( 2018 )


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  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),                                       FILED
    this Memorandum Decision shall not be                                   Feb 12 2018, 9:36 am
    regarded as precedent or cited before any                                    CLERK
    Indiana Supreme Court
    court except for the purpose of establishing                                Court of Appeals
    and Tax Court
    the defense of res judicata, collateral
    estoppel, or the law of the case.
    ATTORNEY FOR APPELLANT                                   ATTORNEYS FOR APPELLEE
    Michael C. Borschel                                      Curtis T. Hill, Jr.
    Indianapolis, Indiana                                    Attorney General of Indiana
    Matthew B. MacKenzie
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    Pierre Devon Porter,                                     February 12, 2018
    Appellant-Defendant,                                     Court of Appeals Case No.
    49A02-1709-CR-2160
    v.                                               Appeal from the
    Marion Superior Court
    State of Indiana,                                        The Honorable
    Appellee-Plaintiff.                                      Mark D. Stoner, Judge
    Trial Court Cause No.
    49G06-1705-F3-16526
    Kirsch, Judge.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018         Page 1 of 5
    [1]   Pierre Devon Porter (“Porter”) appeals his conviction for criminal confinement
    while armed with a deadly weapon, 1 a Level 3 felony, contending that the State
    failed to present sufficient evidence of confinement.2
    [2]   We affirm.
    Facts and Procedural History
    [3]   Paula Shofner (“Shofner”) met and began dating Porter in January of 2017. On
    May 2, 2017, she received a phone call from a male friend that angered Porter.
    When Shofner was driving Porter back to his house later, Porter was still angry
    about the phone call. He broke several of the vents in Shofner’s car and then
    began to choke her while she was driving. Shofner pulled into a gas station,
    and both she and Porter exited the vehicle.
    [4]   Shofner ran into the gas station and told the clerks to lock the door. Moments
    later, Porter entered the gas station store yelling, “you want to play with guns”
    and began chasing Shofner around the store. Tr. Vol. II at 57. He then ran back
    to the entrance of the store, set his black backpack down, and pulled out a black
    .380 caliber handgun. He racked the slide of his handgun to chamber a round,
    grabbed Shofner, placed his handgun on the side of her head, and said, “Let’s
    go.” Id. at 58. James Ballard, one of the gas station clerks, told Porter “man
    1
    See 
    Ind. Code § 35-42-3-3
    .
    2
    Porter was also convicted of criminal recklessness, a Level 6 felony, possession of marijuana, a Class B
    misdemeanor, and battery causing bodily injury, a Class A misdemeanor, and was adjudicated to be a
    habitual offender. Those convictions and the adjudication are not at issue in this appeal.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018          Page 2 of 5
    don’t shoot her, it ain’t worth it,” 
    id. at 59-60
    , as Shofner cried and had her
    hands up, attempting to duck away from Porter. Porter held Shofner in place,
    reached into her waistband, and took her handgun away from her. Then Porter
    took his backpack and briefly left the store, but returned moments later to grab
    Shofner by the hair and forcibly remove her.
    [5]   Once they were outside, Shofner was able to break away from Porter and run to
    her car. As Shofner entered her vehicle and attempted to drive away, Porter
    fired two rounds into the pavement in front of her vehicle. Shofner drove away
    from the gas station and called 911. Law enforcement officers responded to a
    report of shots fired at the gas station and located Porter walking a short
    distance away. Officers found two spent 9mm shell casings in the parking lot of
    the gas station, and video footage of Porter’s actions caught on the gas station’s
    security cameras. Officers arrested Porter and discovered two handguns in his
    backpack.
    [6]   The State charged Porter with various offenses due to his actions, including
    criminal confinement as a Level 3 felony. A jury trial was held, and Porter was
    found guilty of several of the charged offenses, including Level 3 felony
    criminal confinement. Porter now appeals his conviction for criminal
    confinement.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018   Page 3 of 5
    Discussion and Decision
    [7]    Porter claims that the State failed to present sufficient evidence to support his
    conviction for Level 3 felony criminal confinement. Specifically, Porter argues
    that there was insufficient evidence proving that he actually confined Shofner.
    [8]    When considering a claim of insufficient evidence, we adhere to a long-settled
    standard of review. We do not reweigh evidence or assess the credibility of
    witnesses, and we will consider only the evidence, and the reasonable
    inferences drawn therefrom, that are most favorable to the verdict. Gleason v.
    State, 
    965 N.E.2d 702
    , 708 (Ind. Ct. App. 2012). We will affirm a conviction “if
    the evidence and those inferences constitute substantial evidence of probative
    value to support the verdict.” 
    Id.
     “Reversal is appropriate only when a
    reasonable trier of fact would not be able to form inferences as to each material
    element of the offense.” 
    Id.
    [9]    Indiana Code section 35-42-3-3(a) provides in applicable part that, “A person
    who knowingly or intentionally confines another person without the other
    person’s consent commits criminal confinement. The statute further provides
    that the offense is a Level 3 felony if it is committed while armed with a deadly
    weapon. 
    Ind. Code § 35-42-3-3
    (2)(A).
    [10]   Here, the evidence showed that Porter chased Shofner around the gas station
    store, pulled out a black .380 caliber handgun, racked the slide of his handgun
    to chamber a round, grabbed Shofner, placed his handgun on the side of her
    Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018   Page 4 of 5
    head, and said, “Let’s go.” Tr. Vol. II at 58. He then grabbed Shofner by the
    hair and forcibly removed her from the store.
    [11]   Indiana Code section 35-42-3-1 provides that confine means to “substantially
    interfere with the liberty of a person.” In grabbing Shofner, placing a gun to the
    side of her head, and forcibly removing her from the store, Porter substantially
    interfered with her liberty. Considering only the evidence most favorable to the
    verdict, sufficient evidence was presented to support Porter’s conviction for
    criminal confinement as a Level 3 felony. Accordingly, we affirm his
    conviction.
    [12]   Affirmed.
    [13]   Bailey, J., and Pyle, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018   Page 5 of 5
    

Document Info

Docket Number: 49A02-1709-CR-2160

Filed Date: 2/12/2018

Precedential Status: Precedential

Modified Date: 2/12/2018