FRIEDLANDER, Judge.
Spencer Norvell appeals his conviction for Trafficking with an Inmate,
We affirm.
In August and September 2010, Norvell was incarcerated in the Delaware County Jail, Cell Block E. At the time Norvell was dating Tishayla Joyce. On August 26, 2010, Norvell had a fellow inmate, Marcus Beck, call Joyce on Norvell's behalf because he was unable to access a jail phone. Beck relayed statements back and forth between Norvell and Joyce. Norvell asked Joyce via Beck to bring a cell phone to the jail for him. Cell phones are not allowed in the jail and are against jail rules.
Norvell instructed Joyce to withdraw money from his commissary account
On September 5, 2010, Kevin McCaffery, a shift corporal with the jail, received a letter from an inmate that caused him to initiate a search of Cell Block E. During a search of Cell E-1, the cell shared by Norvell and West, jail officials discovered behind a cup on the window sill a hole in the cell window that was covered with a piece of plastic film. Under the blanket and mattress of Norvell's bunk, jail officers discovered two cell phones, one of which was the phone delivered by Joyce, and a cell phone charger. On one of the cell phones, officers found pictures of Norvell and West that had been taken inside their jail cell. On the second phone, officers found pictures of Joyce and another female.
During the search of Cell E-1, officers also discovered that a metal louver from a cell vent had been removed. The missing metal louver was found on the ground below Cell E-1. Officers also found an empty shampoo bottle with a string wrapped around it in Cell E-1. Norvell admitted to jail officials that the cell phones were his, but claimed that they were given to him by someone within the jail and were not brought to him by Joyce or anyone outside the jail.
On November 23, 2010, the State charged Norvell with two counts of trafficking with an inmate and further alleged him to be a habitual offender. A jury trial was held on February 23-24, 2011, at the conclusion of which Norvell was found guilty of Count I, trafficking with an inmate as a class C felony.
Norvell argues that the evidence is insufficient to support his conviction, asserting that the evidence cannot support a finding that he delivered the cell phone to himself as is required by the statute defining the offense. Our standard of review for challenges to the sufficiency of the evidence is well settled.
Bailey v. State, 907 N.E.2d 1003, 1005 (Ind.2009).
The crime of trafficking with an inmate is defined by statute as follows: A person who, without the prior authorization of the person in charge of a penal facility, knowingly or intentionally delivers or carries
Appellant's Appendix at 16.
The State argues on appeal that Norvell's conviction can be sustained under the theory of accomplice liability. During final instructions, the jury was instructed on accomplice liability without objection from Norvell. Under the theory of accomplice liability, one who aids or assists in a crime is equally as culpable as the one who commits the actual crime. Ind. Code Ann. § 35-41-2-4 (West, Westlaw current through 2011 1st Regular Sess.); see also Hauk v. State, 729 N.E.2d 994 (Ind.2000). There is no distinction between the criminal responsibility of a principal and that of an accomplice. Hauk v. State, 729 N.E.2d 994. The statute governing accomplice liability establishes it not as a separate crime, but as a separate basis of liability for the crime charged. See I.C. § 35-41-2-4; Hampton v. State, 719 N.E.2d 803 (Ind.1999). Norvell maintains that his conviction cannot stand up even under the theory of accomplice liability, arguing that his actions in providing money and arranging for delivery of the cell phone to the jail do not amount to aiding in delivery of an article to an inmate (i.e., himself).
Having reviewed the record, we agree with the State that Norvell's conviction for trafficking with an inmate is sustainable on grounds of accomplice liability.
Bruno v. State, 774 N.E.2d 880, 882 (Ind. 2002).
The State's evidence proved beyond a reasonable doubt that Norvell aided Joyce and West in their commission of trafficking with an inmate. Norvell arranged for Joyce to obtain money, purchase a cell phone, activate the phone, and then deliver it to the jail where he was incarcerated. Norvell also helped West break a hole in their cell window. Joyce testified that when she arrived at the jail, she saw Norvell and West in their cell window. Joyce further testified that West lowered the string out the window and then pulled it back up and through the cell window after she attached the cell phone/charger to it. Norvell testified that West gave him the cell phone and the charger and suggested that West "obviously" received those items through the hole in their cell window. Transcript at 244. Norvell admitted that the cell phone and charger were his and that once they were in his possession, he was the only person to use them.
This evidence demonstrates that West carried the cell phone in the jail facility with the intent to deliver it to another inmate, namely Norvell. Joyce's testimony confirmed that it was West who carried the phone into the jail. Norvell's own
Judgment affirmed.
DARDEN, J., and VAIDIK, J., concur.