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
May 09 2008, 9:41 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: BRYAN M. TRUITT Bertig & Associates, LLC Valparaiso, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana THOMAS D. PERKINS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOHNNY WHITE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 64A03-0802-PC-35

APPEAL FROM THE PORTER SUPERIOR COURT The Honorable William Alexa, Judge Cause No. 64D02-0611-FB-10283

May 9, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Johnny White pleaded guilty to class B felony Robbery.1 As his sole issue on appeal, White challenges the fifteen-year sentence imposed by the trial court as inappropriate. We affirm. On November 13, 2006, two men, later identified as White and Jonathon Sharp, entered seventy-nine-year-old Mary Wilbur's home and placed her in a chokehold while dragging her from her bed at 1:00 in the morning. She was forced into a chair in the living room and threatened with physical violence if she did not cooperate. At one point, one of the men held a knife to Wilbur's throat and a hammer over her head. She was told that her head would be crushed if she moved from the chair. White and Sharp demanded money, jewelry, and drugs. When Wilbur denied having any of these things, the men ransacked her house. They eventually located a safe, which White pried open. The men took jewelry and money from the safe, as well as other property from around the house. Before leaving, they crushed Wilbur's two visible phones and warned her not to call the police or they would come back and harm her. The frightened Wilbur remained on the chair in her living room until her daughter called after 8:00 that morning. An investigation of the crime quickly led to White and Sharp, who both confessed upon speaking with police the following day. The State charged White with burglary and robbery, both as class B felonies. Pursuant to a plea agreement entered into eight months

1

Ind. Code Ann.

Download Johnny White v. State of Indiana.pdf

Indiana Law