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: LILABERDIA BATTIES Batties & Associates Indianapolis, Indiana

FILED
Dec 08 2009, 8:52 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana TIFFANY N. ROMINE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DEJUAN D. MCINTYRE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-0902-CR-56

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Tanya W. Pratt, Judge Cause No. 49G01-0712-FA-259671

December 8, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Dejuan McIntyre appeals his convictions for burglary as a class A felony,1 two counts of battery as class C felonies,2 and two counts of domestic battery as class D felonies.3 McIntyre raises two issues, which we revise and restate as: I. Whether the evidence is sufficient to sustain McIntyres conviction for burglary as a class A felony and one of his convictions for battery as a class C felony; and Whether McIntyres convictions violate the prohibition against double jeopardy.

II.

We affirm in part and vacate in part. The relevant facts follow. McIntyre and Amy Silva dated "[o]ff and on for about three and a half years." Transcript at 73. The relationship ended on November 25, 2007. On November 28, 2007, McIntyre went to Silvas workplace. McIntyre was angry and asked Silva if he could look in her car. Silva opened her trunk and told McIntyre that there was no need for him to be at her workplace. McIntyre told Silva that "everything was just going to be taken care of." Id. at 83. McIntyre then walked back to his vehicle, pulled back around, and yelled at Silvas coworker, "you work with a crazy bitch and everythings going to be taken care of, dont worry about it . . . ." Id. at 85. Silva was afraid and went downtown to file a protective order.

1

Ind. Code

Download Dejuan D. McIntyre v. State of Indiana.pdf

Indiana Law