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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: ANNA E. ONAITIS Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BRANDI N. LEWIS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 57A03-0707-CR-317

APPEAL FROM THE NOBLE SUPERIOR COURT The Honorable Michael J. Kramer, Judge Cause No. 57D02-0612-CM-1299

December 21, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Brandi N. Lewis appeals her conviction of intimidation, a Class A misdemeanor. 1 Because the evidence was sufficient to demonstrate Lewis was the person who committed the intimidation, we affirm. FACTS AND PROCEDURAL HISTORY On December 12th, James Schwartz was standing on the porch of his house when Lewis approached him. She told Schwartz she found out either Schwartz or one of his roommates had "snitched on" her brother, which resulted in her brother's imprisonment. (Tr. at 8.) Lewis declared she was "pissed off about it," and she was "going to beat his ass." (Id.) Schwartz took her threat seriously. As Lewis turned around to leave

Schwartz's porch, Sergeant John Dixon of the Kendallville Police Department arrived and was walking toward the porch. Sergeant Dixon recognized Lewis from previous interactions with her. DISCUSSION AND DECISION When reviewing the sufficiency of evidence, we neither reweigh the evidence nor reassess the credibility of the witnesses. Stewart v. State, 866 N.E.2d 858, 862 (Ind. Ct. App. 2007). Rather, we look at the evidence most favorable to the conviction and all the reasonable inferences therefrom. Id. If the record contains substantial evidence of probative value to support each element of the crime, we will affirm. Id.

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Ind. Code

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