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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: DEBORAH MARKISOHN Marion County Public Defender Agency Indianapolis, Indiana

FILED
Jun 18 2012, 9:44 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-1111-CR-612

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Marc T. Rothenberg, Judge The Honorable Anne Flannelly, Master Commissioner Cause No. 49F09-1007-FD-52391

June 18, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Following a jury trial, Appellant-Defendant Corey Weaver appeals following his convictions for two counts of Class A misdemeanor Resisting Law Enforcement.1 Upon appeal, Weaver claims that his dual convictions are improper and that the trial court abused its discretion in admitting certain evidence. We affirm in part, reverse in part, and remand. FACTS AND PROCEDURAL HISTORY On July 3, 2010, at approximately 10:46 p.m., Indianapolis Metropolitan Police Officer Grady Copeland was dispatched to a residence in the Haughville neighborhood, where there was a report of a man of a particular description in possession of a gun. Officer Copeland was in full police uniform and driving a fully marked police car. Upon arriving, Officer Copeland saw the person described by dispatch, whom he subsequently identified to be Weaver, along with two other individuals. Officer Copeland

immediately exited his car and ordered Weaver multiple times to stop and show his hands. Weaver did not comply. Officer Copeland subsequently saw another individual point at Weaver and indicate he had a gun, which caused Officer Copeland to point his gun at Weaver and order him to stop, show his hands, and lower himself to the ground. Weaver, who was on the phone at the time, confirmed that he had a gun, and said it was "right here," reaching toward his shorts pocket with his hand. Tr. p. 63. Weaver claimed that he was on the phone with 911. Officer Copeland repeatedly ordered Weaver to hang up his phone and threatened to shoot him if he reached for his gun.

1

Ind. Code

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