Opinion
23A-CR-1337
02-12-2024
Joseph Monie, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
ATTORNEY FOR APPELLANT Valerie K. Boots Indianapolis, Indiana Jan B. Berg Indianapolis, Indiana ATTORNEYS FOR APPELLEE Theodore E. Rokita Indiana Attorney General Jodi Kathryn Stein Deputy Attorney General Indianapolis, Indiana
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case.
Appeal from the Marion Superior Court The Honorable Jeffrey Marchal, Judge. Trial Court Cause No. 49D31-2002-F1-006009
ATTORNEY FOR APPELLANT
Valerie K. Boots Indianapolis, Indiana Jan B. Berg Indianapolis, Indiana
ATTORNEYS FOR APPELLEE
Theodore E. Rokita Indiana Attorney General
Jodi Kathryn Stein Deputy Attorney General Indianapolis, Indiana
MEMORANDUM DECISION
FELIX, JUDGE
Statement of the Case
[¶1] Joseph Monie was convicted of child molesting and criminal confinement. Monie's girlfriend's five-year-old granddaughter was the victim of both offenses. The trial court sentenced Monie to a total of two years at the Indiana Department of Correction (the "DOC"). Monie now appeals the child molesting conviction and presents a single issue for our review: Whether the evidence presented at trial was sufficient to establish Monie intended to arouse or satisfy either his or the child's sexual desires.
[¶2] We affirm. Facts and Procedural History
[¶3] In February 2020, Monie was dating Kimberly Lane ("Grandmother"), with whom he had been in a relationship for approximately 10 years. Grandmother has four daughters, including Brionna Elliot ("Mother") and Brandy Tyson ("Aunt"). At the time, Mother had two children: a daughter D.S., who was five years old, and a son, who was three years old ("Brother"). D.S. and Brother had known Monie their entire lives and called him "Papa" or "Papa Joe."
[¶4] On February 9, 2020, Monie was at a surprise birthday party for Grandmother that was held at Mother's residence in Indianapolis. Mother, Aunt, D.S., and Brother were among the guests at the party. Monie was intoxicated and slurring his speech. At some point during the party, D.S. was sitting on Monie's lap, which was not an unusual occurrence. After whispering in D.S.'s ear, Monie stood and led D.S. by the hand to the bedroom D.S. shared with Brother. When D.S. and Monie got to the bedroom, Brother and the family dog were asleep on the floor. The bedroom was dark, and D.S. did not want to go in. They entered the room nevertheless, and the door was shut. Monie positioned himself between D.S. and the door, and he knelt in front of D.S. Monie then touched D.S.'s vaginal area over her clothes with his hand, and told her that no one should touch her "private part," Tr. Vol. II at 116, 126-27, 13132, 135.
[¶5] Aunt had seen Monie and D.S. leave the front room and went to check on them a few minutes later. Aunt went to D.S. and Brother's bedroom and tried to open the door. However, she could not open it very much because Monie was up against the door. Through the small opening, Aunt saw Monie kneeling in front of D.S. Concerned but unsure of what was happening, Aunt returned to the party where Mother noted Aunt looked troubled. In response, Aunt told Mother to check on D.S. Mother went to D.S. and Brother's bedroom and tried to open the door; like Aunt, Mother could not fully open the door because Monie was up against it. Mother had to use her full body to open the door. She found Monie kneeling on the floor with a hand on D.S.'s back and D.S. crying while leaning away from Monie. Mother requested Monie give D.S. to her, but Monie refused. Mother then removed D.S. from Monie's hold and carried her to a different room away from Monie and the party. When Monie exited D.S. and Brother's bedroom soon thereafter, Mother, Aunt, and Grandmother observed that Monie's pants were unzipped.
[¶6] Initially, D.S. did not want to tell Mother what happened in the bedroom with Monie because she did not want Monie to be in trouble. After Mother repeatedly asked D.S. what happened, D.S. eventually told Mother that Monie had touched her. Mother called out for someone attending Grandmother's party to call law enforcement, and one of Mother's sisters complied. Law enforcement officers arrived, spoke with Mother, and instructed her to take D.S. to Riley Hospital for Children for an examination, which Mother did.
[¶7] The State charged Monie with child molesting as a Level 1 felony, child molesting as a Level 4 felony, and criminal confinement as a Level 5 felony. The State dropped the Level 1 felony child molesting charge before trial. Monie waived his right to a jury trial, and, on March 6, 2023, the trial court conducted a bench trial and found Monie guilty of both counts. The trial court sentenced Monie to two years executed at the DOC on the child molesting conviction to be served concurrently with one year executed at the DOC on the criminal confinement conviction. Monie now appeals his conviction for Level 4 felony child molesting.
Id. § 35-42-3-3(b)(1).
Monie does not appeal his Level 5 felony criminal confinement conviction.
Discussion and Decision
[¶8] Monie argues that the evidence presented at trial was insufficient to support his conviction for Level 4 felony child molesting. "Sufficiency-of-the-evidence arguments trigger a deferential standard of appellate review, in which we 'neither reweigh the evidence nor judge witness credibility, instead reserving those matters to the province of the [factfinder].'" Owen v. State, 210 N.E.3d 256, 264 (Ind. 2023) (quoting Brantley v. State, 91 N.E.3d 566, 570 (Ind. 2018)), reh'g denied (Aug. 17, 2023). In our review, "we consider only 'the probative evidence and reasonable inferences supporting the verdict.'" Id. (quoting Matheney v. State, 583 N.E.2d 1202, 1208 (Ind. 1992)). We will reverse a guilty verdict only when no reasonable trier of fact "could find the elements of the crime proven beyond a reasonable doubt." Lock v. State, 971 N.E.2d 71, 74 (Ind. 2012) (quoting Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007)).
[¶9] A person commits Level 4 felony child molesting when that person, with a child under 14 years old, "performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person[.]" I.C. § 35-42-4-3(b). Monie argues only that there was insufficient evidence to prove that he had the intent to arouse or satisfy either his or D.S.'s sexual desires.
[¶10] It is well settled that "mere touching alone is insufficient to constitute child molesting." Ramirez v. State, 186 N.E.3d 89, 98 (Ind. 2022) (citing Bowles v. State, 737 N.E.2d 1150, 1152 (Ind. 2000)). "The State must also 'prove beyond a reasonable doubt that the act of touching was accompanied by the specific intent to arouse or satisfy sexual desires,' which can be inferred from the defendant's conduct." Id. (quoting Bowles, 737 N.E.2d at 1152). "The testimony of a sole child witness is sufficient to sustain a conviction for molestation." Hoglund v. State, 962 N.E.2d 1230, 1238 (Ind. 2012) (citing Stewart v. State, 768 N.E.2d 433, 436 (Ind. 2002)).
[¶11] Here, D.S. testified at trial, and the trial court found her testimony and that of her family "to be more credible than that of Mr. Monie," Tr. Vol. III at 20. The probative evidence and reasonable inferences supporting the verdict reveal that Monie took D.S. away from her family and into a dark bedroom; touched D.S.'s vagina over her clothes; told D.S. that no one should touch her "private part," Tr. Vol. II at 116, 126-27, 131-32, 135; attempted to keep Aunt and Mother from entering the room; and had his pants completely unzipped upon leaving the room. The trial court could have reasonably inferred from these facts that Monie intended to arouse or satisfy sexual desires when he touched D.S.'s vagina. Monie's arguments to the contrary are an attempt to have us reweigh the evidence and reassess witness credibility, which we cannot do, Owen, 210 N.E.3d at 264 (quoting Brantley, 91 N.E.3d at 570).
[¶12] Based on the foregoing, we hold that the State presented sufficient evidence beyond a reasonable doubt to support Monie's conviction for Level 4 felony child molesting.
[¶13] Affirmed.
Bailey, J., and May, J., concur.