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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.

ATTORNEYS FOR APPELLANT: ANDREW J. BORLAND Borland & Gaerte RUTH JOHNSON Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

FILED
Nov 12 2010, 9:40 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 49A02-1004-CR-430

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Sheila Carlisle, Judge Cause No. 49G03-0906-FA-57437

November 12, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Charles Gould appeals his conviction for Class A felony burglary. We affirm. Issue The sole issue before us is whether the State presented sufficient evidence to sustain Gould's conviction for Class A felony burglary. Facts Gould and Wanda Bonds began dating in November 2008, and lived together until March 2009, in Bonds's Indianapolis apartment. The two continued to see each other occasionally after Gould moved out. On June 17, 2009, Gould and Bonds were at Gould's niece's house in Indianapolis where the two drank alcohol and smoked marijuana. Over the course of the day Gould repeatedly asked Bonds to have sexual intercourse with him, but each time Bonds declined. Later in the day Bonds drove Gould in her car to get cigarettes. Gould was angry that Bonds would not have sex with him and he beat his fists on the dashboard of the car. Bonds drove to a gas station where Gould got out of the vehicle to buy cigarettes. Bonds was nervous because of Gould's aggressive behavior, so she drove away and left Gould at the gas station. Bonds returned home and realized she left her cell phone with Gould. Gould used Bonds's cell phone to make repeated calls to Bonds's home telephone. Gould called so many times that Bonds eventually called her cell phone provider to have her service turned off. Bonds was at her home later that same evening when she heard a banging on her patio door. As she attempted to dial 911, Gould broke through the window, grabbed 2

Bonds, began beating her with her telephone, and yelled "I told you I'd get you, b****!" Tr. p. 36. Next, Gould ordered Bonds to grab her purse and keys. Then, he dragged her by the arm to her car. Bonds was only wearing a thin, white nightgown. Gould drove Bonds in her car to his niece's apartment. He told her, "Now I got to kill you." Tr. p. 40. Robert Coon, a neighbor of Bonds, heard a window breaking and heard someone call for help. He called 911. Officers arrived and entered the apartment but did not find anyone inside. The officers told Coon that nothing could be done until the residents of the apartment returned. The officers then left. Coon entered Bonds's apartment and took a watch and an X-box. When Gould and Bonds arrived at Gould's niece's apartment, his niece was upstairs. Gould ordered Bonds to perform oral sex on him, and she did so. Gould attempted to have intercourse with Bonds in the bathroom. Gould then took Bonds into the dining room and forced her to have intercourse with him. Bonds was worried that someone would enter her apartment through the broken window so Gould drove Bonds back to her apartment. When they arrived, Gould told Bonds to get dressed. Gould then grabbed Bonds's arm and ordered her to go with him. As the two were leaving, a neighbor informed the two that someone had broken in and stolen her X-box. At this point the police arrived. Bonds told the police what Gould had done to her and she was taken to the hospital where a sexual assault examination was performed. DNA taken from Bonds was compared to the DNA of Gould and was found to be a match. 3

Gould was charged with burglary, a Class A felony; rape, a Class B felony; criminal confinement, a Class C felony; sexual battery, a Class D felony; battery, a Class A misdemeanor; and interference with reporting of a crime, a Class A misdemeanor. On March 16, 2010, after a trial by jury, Gould was found guilty on all counts. On March 25, 2010, the trial court sentenced Gould to an aggregate sentence of thirty years for all counts, except the sexual battery and battery counts, which were vacated. Gould now appeals only his conviction for burglary. Analysis Gould argues that the evidence at trial was insufficient to establish that he committed burglary. Burglary occurs when "[a] person . . . breaks and enters the building or structure of another person, with intent to commit a felony in it." Ind. Code

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