Preview:

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 R. FISHER Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JOSEPH ROBERT DELAMATER Deputy Attorney General Indianapolis, Indiana

FILED
Feb 20 2008, 9:31 am

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

of the supreme court, court of appeals and tax court

CLERK

No. 49A05-0707-CR-368

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Mark Stoner, Judge Cause No. 49G06-0611-FB-211267

February 20, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Braunell Mackey appeals his conviction for class B felony Robbery,1 claiming that the evidence is insufficient to support his conviction. We affirm. Huey Washington, an Indianapolis high school student, sought help at his school after being robbed at gunpoint by two males on a street next to the school grounds. The school police officer presented Washington with approximately seven student identification cards because Washington said that he recognized one of the perpetrators as another student at school he knew as Bruno. Within a couple seconds, Washington identified Mackey without hesitation as one of the perpetrators. A couple days later, a detective presented Mackey with a different set of student identification cards. Washington again, without hesitation, identified Mackey as one of the perpetrators within a couple seconds of seeing his picture. The State charged Mackey with class B felony robbery, and a jury found him guilty as charged. Mackey concedes that the State established beyond a reasonable doubt that a robbery occurred as described by Washington, but contends that the State failed to establish that it was Mackey who committed the robbery. In reviewing a claim of insufficient evidence, we neither reweigh the evidence nor judge the credibility of the witnesses. Sanders v. State, 704 N.E.2d 119, 123 (Ind. 1999). Instead, we look to the evidence most favorable to the verdict and the reasonable inferences drawn therefrom. Id. We affirm the conviction if there is probative evidence from which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. O'Connell v. State, 742 N.E.2d 943, 949 (Ind. 2001).

Mackey acknowledges that "the uncorroborated testimony of one witness may be
1

Ind. Code

Download Braunell Mackey v. State of Indiana.pdf

Indiana Law