Opinion
20A03-1504-CR-122
03-07-2016
Davon Crenshaw, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff
ATTORNEY FOR APPELLANT Scott H. Duerring South Bend, Indiana ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana Larry D. Allen Deputy Attorney General Indianapolis, Indiana
NOT FOR PUBLICATION
Appeal from the Elkhart Circuit Court The Honorable Terry C. Shewmaker, Judge Trial Court Cause No. 20C01-1311-FB-133
ATTORNEY FOR APPELLANT Scott H. Duerring South Bend, Indiana
ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana Larry D. Allen Deputy Attorney General Indianapolis, Indiana
MEMORANDUM DECISION ON REHEARING
BAILEY, JUDGE.
[1] On rehearing after this Court affirmed his convictions for Burglary and Conspiracy to Commit Burglary, Davon Crenshaw contends that he was subjected to double jeopardy. According to Crenshaw, this Court misstated relevant facts and there is a lack of independent evidence that he donned a mask – the overt act alleged in furtherance of the conspiracy to commit Burglary. In our opinion, we attributed to Matthew Allen the testimony that Crenshaw was one of five masked men who actively participated in the burglary of Cynthia Contreras's home. This was in error. Antoine McDuffie's guilty plea hearing testimony (entered as an evidentiary exhibit at Crenshaw's trial) is the source of this evidence. Too, Contreras testified to her "absolute certainty" that five men were in her home. (Tr. at 110, 113). She testified that "all the individuals were wearing hoodies and covering half their face" with "some sort of mask." (Tr. at 99.) The jury's conclusion that Crenshaw donned a mask, as alleged, rests upon independent evidentiary facts. Subject to the foregoing correction of the named witness, we affirm our original opinion.
Baker, J., and Mathias, J., concur.