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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.

FILED
Sep 04 2012, 9:41 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DAVID W. STONE, IV Anderson, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ERIC P. BABBS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ARTRECE D. PATTERSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 48A05-1112-CR-693

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Dennis D. Carroll, Judge Cause No. 48D01-0910-FC-179

September 4, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Artrece Patterson ("Patterson") appeals the trial court's finding of violation and revocation of his probation. We affirm. Issues Patterson raises two issues for our review, which we restate as: I. II. Whether the State presented sufficient evidence to support revocation of his probation; and Whether the trial court abused its discretion in revoking his probation. Facts and Procedural History On May 6, 2010, Patterson was convicted, following a jury trial, of Residential Entry as a Class D felony, Resisting Law Enforcement as a Class A misdemeanor, and Carrying a Handgun Without a License as a Class A misdemeanor. On June 1, 2010, the trial court imposed a sentence of forty-two months, eighteen months of which were suspended to probation. On November 26, 2010, Patterson was released from prison and began serving probation. During a controlled drug buy on August 22, 2011, Detective Gaskill and Officer Williams of the Madison County Drug Task Force were out of uniform and conducting surveillance on a house from an unmarked car when they observed Patterson walk to the front of the house and sit on the front steps. They approached and identified themselves as police officers, at which point Patterson fled on foot. The officers ordered him to stop but he kept running, leading the police on a chase through the yards of several neighboring homes.

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He was apprehended after other officers and a K-9 unit joined the chase. On October 26, 2011, the State filed a Notice of Violation of Probation alleging that, in connection with the events of August 22, 2011, Patterson committed Conspiracy to Commit Dealing in Cocaine as a Class B felony,1 Resisting Law Enforcement as a Class A misdemeanor,2 Residential Entry as a Class D felony,3 and Criminal Mischief as a Class A misdemeanor.4 On November 29, 2011, the trial court held an evidentiary hearing to determine whether Patterson violated the terms of his probation, and if so, whether to revoke his probation. The trial court found that Patterson violated his probation by committing a new criminal offense, Resisting Law Enforcement as a Class A misdemeanor, and ordered him to serve the previously-suspended portion of his sentence. Patterson now appeals. Discussion and Decision Sufficiency of the Evidence Patterson contends that the State failed to present sufficient evidence that he resisted law enforcement. More specifically, he argues that he could have reasonably disbelieved that Detective Gaskill and Officer Williams were police officers because they were wearing civilian clothes and driving an unmarked car. Patterson also argues that the trial court abused

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