Preview:

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Jun 12 2012, 9:10 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MARK S. LENYO South Bend, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ERIC P. BABBS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CARLTON P. WILSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A03-1108-CR-384

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable J. Jerome Frese, Judge Cause No. 71D03-1102-FB-17

June 12, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Carlton P. Wilson ("Wilson") was convicted of Arson, as a Class A felony.1 He now appeals. We affirm. Issues Wilson raises two issues for our review: I. II. Whether there was sufficient evidence to support the elevation of the offense to a Class A felony; and Whether his sentence is inappropriate under Appellate Rule 7(B). Facts and Procedural History During the evening of January 28, 2011, and the early morning hours of January 29, 2011, Wilson was at a home in South Bend that his eighty-three year-old mother, Bertha Smith ("Smith"), shared with Gail Mink ("Mink"); Mink's boyfriend, Darrie DeBury ("DeBury"); and Leo Williams ("Williams").2 Wilson would also stay at the home from time to time. At some point that night, Wilson and Smith began to argue after Wilson demanded money from Smith. When Smith protested that she did not have the amount Wilson demanded, he became angry and said he was "going to show [Smith] something." Trial Tr. at 16. Wilson then retrieved a red gasoline can and poured gasoline near the entrance of Smith's room and in the hallway just outside the bedroom's door.

1

Ind. Code

Download Carlton P. Wilson v. State of Indiana.pdf

Indiana Law