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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: VICTORIA L. BAILEY

FILED
Oct 19 2010, 8:43 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER

Marion County Public Defender Agency
Indianapolis, Indiana

Attorney General of Indiana
GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CARLA JOHNSON and MICHAEL JOHNSON, Appellants/Defendants, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-0911-CR-651

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Patricia Gifford, Judge Cause Nos. 49G04-0802-FB-36883; 49G04-0802-FB-36889

October 19, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Defendant Carla Johnson appeals from her convictions for Class B felony Neglect of a Dependent1 ("neglect") and Class B felony Battery.2 Appellant/Defendant Michael Johnson appeals from conviction for Class B felony neglect. Carla and Michael contend that the charging information was deficient in failing to charge them with Class B felony neglect with sufficient specificity to guard against future prosecution based on the same conduct. Carla and Michael also contend that the State failed to produce sufficient evidence to sustain any of their convictions. We affirm. FACTS S.J. was born on July 24, 2006, to Carla and Michael. At some point prior to July 21, 2007, Rosie Beard, the Johnsons daycare provider, noticed that S.J. had a swollen finger on his right hand and mentioned it to Carla. Carla took S.J. to the doctor after a delay of a couple of days. Beard was also concerned that S.J. was not attempting to crawl or stand up like other children his age, and she shared her concerns with the Johnsons. The "majority of the time" that Beard changed S.J.s diaper, he was "screaming bloody murder" and would scream if one of his hips was touched. Tr. p. 502. One day when Michael came to collect S.J., Beard noticed that S.J. crawled to him on his elbows instead of his hands. On July 21, 2007, the Johnsons took S.J. to the emergency room at Riley Childrens Hospital in Indianapolis. S.J. had a swollen shoulder and lack of mobility in his arm. S.J.s x-rays revealed multiple injuries in various stages of healing. Dr.

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