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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: MICHAEL E. CAUDILL

FILED
Dec 29 2009, 8:59 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER

Caudill and Associates
Indianapolis, Indiana

Attorney General of Indiana
RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
A.N., Appellant/Respondent, vs. STATE OF INDIANA, Appellee/Petitioner. ) ) ) ) ) ) ) ) )

No. 49A04-0906-JV-311

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Marilyn Moores, Judge The Honorable Geoffrey A. Gaither, Magistrate Cause No. 49D09-0901-JD-22

December 29, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Respondent A.N. appeals from the findings that he committed what would be Class A misdemeanor Intimidation1 and Class B misdemeanor Battery2 if committed by an adult. We affirm in part, reverse in part, and remand with instructions. FACTS A.N. was born on January 26, 1992. At some point prior to November 7, 2008, A.N. told seventeen-year-old K.K., who was in his English class at North Central High School, that he was going to cut her head off with an axe so that he could keep it in a freezer and stare at her every day. On November 19, 2008, K.K. encountered A.N. outside the lunchroom. A.N. had not been in class for approximately two weeks, and K.K. asked him where he had been. A.N. replied that he had been in "Juvenile" for swinging an axe at his father and trying to kill him. Tr. p. 6. K.K. recalled A.N.'s previous statement to her, realized that "he was being serious[,]" and became fearful. Tr. p. 8. During the conversation, A.N. touched K.K. on the calf without permission, and she asked him to stop. K.K. did not appreciate A.N. touching her and did not want him to. On January 5, 2009, the State filed a delinquency petition alleging that A.N. had committed what would be, if committed by an adult, Class A misdemeanor intimidation and Class B misdemeanor battery. On April 9, 2009, after a hearing, the juvenile court found the petition true as alleged. On May 14, 2009, the juvenile court committed A.N. to the Department of Correction, suspended the commitment, and imposed probation with special conditions.
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Ind. Code

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