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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.

FILED
Dec 30 2009, 9:11 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: GARY L. GRINER Mishawaka, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

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

No. 71A05-0906-CR-320

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable John M. Marnocha, Judge Cause No. 71D02-0901-FD-16

December 30, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Following a jury trial, Appellant-Defendant Cyrus Brown was convicted of Class D felony Residential Entry1 and Class A misdemeanor Resisting Law Enforcement,2 for which he received an aggregate sentence of two years in the Department of Correction. Upon appeal, Brown challenges the sufficiency of the evidence to support his conviction for resisting law enforcement. We affirm. FACTS AND PROCEDURAL HISTORY On the evening of January 4, 2009, seventy-year-old Sandra Hochstedler, who had been splitting wood in the garage of her home on Portage Road in South Bend, heard "yelling" noises coming from the road. Tr. p. 128. As Hochstedler walked up the steps to her house, she noticed a male later identified to be Brown running in her back yard. Brown ran toward Hochstedler, who ran inside her house and bolted the door shut. Hochstedler grabbed a handgun and called 911 from her bedroom. As she talked to the 911 operator, Hochstedler heard a loud crash and later saw that Brown had forced his way into her house through a family room window, which he had shattered. Hochstedler confronted Brown as he entered her kitchen, pointing her gun at him. Hochstedler told the 911 operator that she did not want to kill Brown but was prepared to do so if necessary. As Hochstedler held Brown at bay, authorities arrived and announced their presence. Brown initially assumed a "combative stance" but cooperated with authorities when told to lie on the floor. Tr. p. 181. Brown was placed under arrest. Officer
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Ind. Code

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