Preview:

FOR PUBLICATION

ATTORNEY FOR APPELLANT: SUZY ST. JOHN Marion County Public Defender Appellate Division Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Dec 09 2010, 9:55 am

IN THE COURT OF APPEALS OF INDIANA
CAVIN POGUE, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 49A02-1001-CR-37

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Linda E. Brown, Judge Cause No. 49F10-0907-CM-60866

December 9, 2010 OPINION - FOR PUBLICATION

BRADFORD, Judge

During the summer of 2009, Appellant/Defendant Cavin Pogue was enrolled in a program where he was paid to attend summer school classes at Indianapolis Metropolitan High School ("IMHS"), which is located on property owned by Goodwill Industries in Indianapolis. On July 1, 2009, Pogue came to the IMHS campus to collect compensation due to him for his prior class attendance. IMHS officials did not give Pogue his earned compensation and told him to leave the premises. Pogue refused and was eventually arrested for criminal trespass. Pogue was also arrested for resisting law enforcement after he refused to drop a box cutter that he was holding in his hand. Pogue was subsequently charged with and convicted of Class A misdemeanor Criminal Trespass1 and Class A misdemeanor Resisting Law Enforcement.2 Pogue now appeals his convictions, specifically challenging whether the evidence presented during his trial was sufficient to prove the criminal trespass and resisting arrest charges. Concluding on this record that Pogue had a limited contractual interest that gave him the right to be on the property in question at the time of his arrest, we reverse Pogues conviction for criminal trespass. Further concluding that Pogues failure to drop the box cutter following a demand to do so by a law enforcement officer amounted to the forcible obstruction of the law enforcement officers lawful execution of his duties, we affirm Pogues conviction for resisting arrest.

1

Ind. Code

Download Cavin E. Pogue v. State of Indiana.pdf

Indiana Law