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. ATTORNEY FOR APPELLANT: DANIELLE L. GREGORY Marion County Public Defender Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

FILED
Dec 27 2010, 9:53 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 49A05-1003-CR-183

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Kurt M. Eisgruber, Judge Cause No. 49G01-0812-FB-274198

December 27, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Kenneth Lovelace was found guilty but mentally ill of Class B felony burglary1 and Class D felony attempted theft.2 He argues on appeal the trial court should not have rejected his insanity defense, there was insufficient evidence he committed the offenses, the trial court's sentencing statement was inadequate, and his sentence was inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY Lovelace was hospitalized because he was suicidal and hearing voices. After examining Lovelace, a doctor determined he was not eligible for inpatient treatment and he was released. Lovelace left the hospital, walked about a mile and a half, and arrived at a residence. He knocked on the front door but the resident did not answer because it was 8:30 p.m. and she was not expecting anyone. Lovelace knocked again and the resident went upstairs to look out the window. She did not see anyone. She then heard a downstairs window being broken and she called police. The police apprehended Lovelace, who admitted he had broken into the house. Lovelace had put some garbage bags from the garage onto the dining room table, and was leaving through the broken window when police found him. Lovelace asserted an insanity defense during his bench trial but two doctors opined Lovelace was legally sane at the time of the offenses. He was found guilty and sentenced to fourteen years with eight years executed in the Indiana Department of Correction, three years

1 2

Ind. Code

Download Kenneth E. Lovelace v. State of Indiana.pdf

Indiana Law