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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: BARBARA J. SIMMONS Batesville, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTHUR THADDEUS PERRY Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0602-CR-99

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Patrick Murphy, Commissioner Cause No. 49G19-0510-CM-188324

December 29, 2006

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Donald Thorpe was convicted following a bench trial of Criminal Recklessness, 1 a class A misdemeanor, and Failure to Stop After an Accident With an Unattended Vehicle, 2 a class B misdemeanor. Thorpe challenges the sufficiency of the evidence supporting each conviction. We affirm in part and reverse in part. The facts favorable to the convictions are that Thorpe was an employee of Robert Frost, who was a subcontractor for J. Harding Homes. On October 31, 2005, Frost received a phone call informing him that after Frost had left home that morning, Thorpe arrived at Frost's house and had beaten on the front door. Thorpe thereafter did not arrive for work at the expected time, but showed up at the jobsite at Franklin Trace in Marion County an hour later. Thorpe told Frost he needed money and asked Frost to pay him for the work Thorpe performed the week before. Frost refused, stating that it was not payday and he could not pay Thorpe at that time. Thorpe responded that Frost had to pay Thorpe and he would pay Thorpe. Frost began walking toward his vehicle and Thorpe stated that he would go to Frost's house, which was located less than three miles away, "right now." Transcript at 12. Frost took this as a threat. As Frost got into his vehicle, Thorpe approached, grabbed the door, and pulled it open as far as it would go. He then tried to shut the door on Frost's leg. Thorpe reiterated that he had to have the money.

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