Eckelberry v. State

SHEPARD, Justice.

This case presents a question whose answer is easily taken for granted: At what point must force occur in a taking of property to constitute robbery?

Appellant Randy Eckelberry was convict ed of robbery, a class A felony, Ind.Code § 85-42-5-1 (Burns 1985 Repl.) He was sentenced to 20 years in prison. In this direct appeal, he challenges only the sufficiency of the evidence, claiming that the State did not prove he took property "by using force." Because the absence of force reduces a robbery to theft, Eckelber-ry contends that the evidence merited at most a conviction for…