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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
Oct 05 2010, 8:54 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JOHN PINNOW Greenwood, Indiana

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
DAVID LIKENS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1003-CR-360

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert R. Altice, Judge Cause No. 49G02-0908-FB-76307

October 5, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

David Likens ("Likens") was convicted after a bench trial of battery,1 as a Class B felony and sentenced to ten years executed. He appeals raising the following restated issue: whether sufficient evidence was presented to support his conviction. We affirm. FACTS AND PROCEDURAL HISTORY Likens and Dina Williams ("Williams") were married on July 30, 2008, and their daughter, S.L., was born on December 3, 2008. On the morning of Saturday, August 8, 2009, Likens put S.L. on the floor in the living room of the couple's townhouse. Jazmine Sanchez, a friend who was temporarily staying with the couple, saw Likens and S.L. from the doorway. S.L. raised her head to look around and then slammed it on the floor and began to cry. Likens yelled at S.L., "Shut up. Be quiet or I'm going to pop you." Tr. at 17. S.L. did not stop crying. Likens then sat at the edge of the bed, which was located in the living room, leaned forward, and grabbed S.L. by the ankles. Likens jerked or yanked S.L. toward him and dragged her by her ankles across the floor approximately two or three feet. S.L. began to cry even more. Likens grabbed the baby under the arms and put her in the middle of the bed. Williams entered the room and was mad because S.L. was crying. Williams grabbed S.L. under her arm, picked her up, and put her in a bassinet to feed her a bottle. Williams then went upstairs to get ready to leave. That evening, Williams and Likens took S.L. to the emergency room because the baby was running a fever, and Williams thought that she may be having a seizure. A doctor saw S.L. at 6:59 p.m. and observed no evidence of seizure activity. The doctor
1

See Ind. Code

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