Preview:

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: NEIL L. WEISMAN South Bend, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

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

No. 71A03-0612-CR-614

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable John Marnocha, Judge Cause No. 71D08-0503-FB-19

July 5, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Charles Jackson appeals his conviction for Aggravated Battery,1 a class B felony. Specifically, Jackson argues that the State presented insufficient evidence to sustain the conviction and that the sentencing portion of the aggravated battery statute violates the Proportionality Clause of the Indiana Constitution. Finding that the State presented sufficient evidence and that Jackson has waived his constitutional argument on appeal, we affirm the judgment of the trial court. FACTS Shortly before 9:00 p.m. on March 14, 2005, James Eiland looked out of a window of his home in South Bend and saw Jackson sitting on top of Dick Priebe in the street, beating Priebe in the face with his fists and pounding Priebe's head into the pavement. Eiland told his wife to call the police and continued to watch Jackson hit Priebe. Twice, Jackson began to leave, but instead returned to continue to beat Priebe. Throughout the encounter, Eiland never saw Priebe fight back or throw a punch. Approximately ten minutes after Eiland began watching, Jackson left the scene. South Bend Police Officer Daniel Lawecki was dispatched and arrived approximately five minutes later. He found Priebe laying on the ground, unconscious and unresponsive. Priebe stopped breathing while Officer Lawecki was trying to assist him. Officer Steven Noonan arrived at the scene and was securing the area when Jackson returned. Upon learning that Jackson was the suspect in the case, Officer Noonan detained him. After

1

Ind. Code

Download Charles E. Jackson v. State of Indiana.pdf

Indiana Law