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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: T.R. FOX Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BRYAN B. SULLIVAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0511-CR-1080

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Clark Rogers, Judge Cause No. 49G16-0409-FD-164057

August 24, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Bryan B. Sullivan ("Sullivan") appeals his convictions of intimidation as a Class D felony 1 and domestic battery as a Class A misdemeanor. 2 We affirm. Issue Sullivan raises one issue; whether the evidence is sufficient to support his convictions of intimidation and domestic battery. Facts and Procedural History The facts most favorable to the judgment show that during an incident in their home on September 11, 2004, Sullivan and his wife Starlight Sullivan ("Starlight") argued for more than five minutes. Sullivan grasped Starlight's arms and forced her away from the bedroom door. Starlight shoved Sullivan and the two began pushing each other, yelling, screaming, and calling each other names. Tripping over furniture, the two fell to the bedroom floor. Sullivan landed on top of Starlight, pushing his knee into her ribs and repeatedly pushing her head up and down against the floor. Sullivan stood and Starlight threw Sullivan's wallet into the hallway. Sullivan picked up the wallet and its contents, and walked into the next room. Starlight followed. As she turned a corner, Sullivan struck her near her right eye, causing Starlight to fall and see white spots. Sullivan told Starlight to leave the house. When she protested, Sullivan threatened to shoot her. Sullivan had a handgun and multiple rifles at home. Scared and in pain, Starlight
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Ind. Code

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