MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Oct 03 2019, 8:53 am regarded as precedent or cited before any court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Daniel Hageman Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General Indianapolis, Indiana Josiah Swinney Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Wilmer Francisco Figueroa- October 3, 2019 Estrada, Court of Appeals Case No. Appellant-Defendant, 19A-CR-336 Appeal from the Marion Superior v. Court The Honorable Lisa F. Borges, State of Indiana, Judge Appellee-Plaintiff Trial Court Cause No. 49G04-1608-F2-31462 Crone, Judge. Court of Appeals of Indiana | Memorandum Decision 19A-CR-336 | October 3, 2019 Page 1 of 11 Case Summary [1] Wilmer Francisco Figueroa-Estrada pled guilty to two counts of level 2 felony kidnapping, three counts of level 2 felony criminal confinement, level 6 felony resisting law enforcement, class A misdemeanor resisting law enforcement, and class A misdemeanor carrying a handgun without a license. He now appeals his convictions on the basis of the continuous crime doctrine. He also contends that his seventy-five-year executed sentence is inappropriate in light of the nature of his offenses and his character. We affirm. Facts and Procedural History [2] On August 6, 2016, Estrada approached Anahi Dominguez in a grocery store parking lot and ordered her into his vehicle at gunpoint. After driving her around for a while, he took her to a wooded area next to the English Village Apartments and tied her to a tree with a white rope. He took her cell phone and texted her family, demanding a $5000 ransom and ordering them not to notify authorities. The family paid the ransom and then notified police. Officers later found Dominguez in her vehicle, and she took them to the tree that Estrada had tied her to, which she could identify by markings she had made on the ground. She told the officers that her assailant had worn black gloves with yellow stripes and a bandana on his face. He gagged her with a bandana as well. She recalled that he had smoked a cigarette and thrown the butt on the ground. Police located the cigarette butt and submitted it for testing. Court of Appeals of Indiana | Memorandum Decision 19A-CR-336 | October 3, 2019 Page 2 of 11 [3] Four days later, Estrada approached Helen Mercado in the parking lot of her apartment complex. He pointed a firearm at her and ordered her into his vehicle. As he drove her around, he used her cell phone to contact her mother. He demanded $8000 in exchange for Mercado’s safe return and threatened to kill Mercado if her family notified authorities. Mercado’s family notified authorities and contacted Mercado’s friend Jenny, with whom Mercado had shared her cell phone location, to ascertain whether Jenny ...
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