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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: DAVID PARDO Marion County Public Defender Agency Indianapolis, Indiana

FILED
Nov 16 2012, 9:25 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana IAN MCLEAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ALBERT LINDSEY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1204-CR-333

APPEAL FROM THE MARION SUPERIOR COURT The Honorable James Osborn, Judge Cause No. 49F15-1108-FD-057094

November 16, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Chief Judge

Case Summary and Issue Albert Lindsey appeals his conviction for trespassing, a Class D felony. Lindsey raises two issues, which we consolidate and restate as whether sufficient evidence was presented to sustain his conviction for trespass and to enhance his conviction from a Class A misdemeanor to a Class D felony. Concluding that sufficient evidence was presented to support his conviction and enhancement, we affirm. Facts and Procedural History Sally Brown has been the general manager of a White Castle restaurant in Indianapolis for four years (the "16th Street White Castle"). As general manager, she is responsible for the location's daily operations including hiring, firing, ordering, and customer service. Over the course of her four years as general manager, she has had several encounters with Lindsey. With some regularity, Lindsey would visit the 16th Street White Castle to dry his laundry on their fence, dig through the trash, shout at customers, and ask people for money. Fearing he would drive away customers, Brown told Lindsey he could no longer be on White Castle's property. Brown informed all of her managers and employees that Lindsey had been told not to return. She also told Indianapolis Metropolitan Police Department ("IMPD") officers, Michael Tharp and Michael Beatty, that Lindsey was not allowed on the property and asked that they remove him if he was found on the premises. Officers Tharp and Beatty spoke with Lindsey several times, reminding him that he was not allowed on the property. On February 6, 2010, and again on May 12, 2010, Officer Tharp arrested Lindsey for trespassing on White Castle's property. On both occasions the State charged Lindsey with trespass, a Class A misdemeanor.
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On August 11, 2012, Officers Tharp and Beatty responded to a dispatch call and found Lindsey with a group of people at one of the 16th Street White Castle's outdoor tables. The officers arrested Lindsey and the State charged him with trespass, a Class A misdemeanor, as well as a Class D felony enhancement for previously trespassing on the same property. The trial court convicted Lindsey of trespass as well as the Class D felony enhancement and sentenced him to 910 days in the Indiana Department of Correction, with credit for 144 actual days served. Lindsey now appeals his conviction and

enhancement. Additional facts will be supplied as appropriate. Discussion and Decision I. Standard of Review Our standard of review with regard to sufficiency claims is well settled. In reviewing a sufficiency of the evidence claim, this court does not reweigh the evidence or judge the credibility of the witnesses. Lainhart v. State, 916 N.E.2d 924, 939 (Ind. Ct. App. 2009). We will consider only the evidence most favorable to the verdict and the reasonable inferences drawn therefrom and will affirm if the evidence and those inferences constitute substantial evidence of probative value to support the verdict. Id. A conviction may be based upon circumstantial evidence alone. Id. Reversal is appropriate only when reasonable persons would not be able to form inferences as to each material element of the offense. Id. II. Conviction for Trespass To convict Lindsey of trespassing, the State was required to prove that, not having a contractual interest in the property, Lindsey entered White Castle's premises after
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having been denied entry by White Castle or its agent. Ind. Code

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