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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: DANIEL S. VANDIVIER Hass Vandivier & Norris Franklin, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CHAD M. MODESITT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 41A05-0604-CR-226

APPEAL FROM THE JOHNSON SUPERIOR COURT The Honorable Cynthia S. Emkes, Judge Cause No. 41D02-0405-FC-6

November 15, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Chad Modesitt appeals his conviction for battery resulting in serious bodily injury as a class C felony. 1 Modesitt raises one issue, which we restate as whether the evidence is sufficient to sustain Modesitt's conviction. We affirm. The relevant facts follow. Modesitt and Angela Simpson lived together as

boyfriend and girlfriend on May 9, 2004. Early that evening, Modesitt and Simpson smoked crack cocaine and drank vodka. Simpson went to bed alone around 12:30 a.m. In the early morning hours of May 10, 2004, Simpson awoke to find Modesitt on top of her angrily screaming in her face. Modisett pushed Simpson down and held her down by placing his knees on her shoulders. Simpson struggled with Modesitt and asked him to leave. Modesitt refused to leave, picked Simpson up, and threw her across the room. Simpson was injured when she "hit the table and landed on the floor." Transcript from August 11, 2005 Hearing at 6. At trial, Simpson described the pain from her injuries as a constant shooting pain in her side that was "the worst pain I've ever felt in my life." Id. at 7. Simpson stayed in bed because she was unable to walk due to the pain. She was short of breath, had redness and bruising on her side, and she had a knot on the left side of her forehead. Simpson's father took her to the hospital. She was treated for her injuries at Methodist Hospital, where doctors diagnosed her with a splenic laceration and free fluid in her abdomen. Doctors prescribed Morphine, Vicodin, and Tylenol for Simpson's pain. Simpson was in the hospital for three and one-half days.

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Ind. Code

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