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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 Oldenburg, Indiana

FILED
Dec 31 2008, 9:20 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana KELLY A. MIKLOS Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0805-CR-273

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Linda E. Brown, Judge Cause No. 49F10-0704-CM-73533 December 31, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Gene Smith appeals his conviction of Class A misdemeanor resisting law enforcement.1 Finding the evidence sufficient to support his conviction, we affirm. FACTS AND PROCEDURAL HISTORY On April 26, 2007, Indianapolis Metropolitan Police Officer Andrew Deddish initiated a traffic stop of a red pick-up truck with three occupants. When Officer Deddish turned on his lights and siren, the truck fled and a police chase ensued. The truck crashed into a garage, and the driver and a female passenger fled on foot. As Officer Deddish ran after the driver, two other officers arrived on the scene. Officer James Martin approached the truck as the remaining passenger, Smith, was attempting to exit the driver's side door. Officer Martin announced he was a police officer and ordered Smith to get on the ground. Smith "tried to climb back in across to the passenger side of the vehicle away from me and out that side of the vehicle." (Tr. at 11.) Officer Martin grabbed Smith's leg and arm and tried to pull him out of the driver's side of the truck. As Officer Martin pulled the bottom half of Smith's body out of the truck, Smith grabbed the steering wheel and "pulled himself up." (Id. at 12.) Smith continued to try to pull himself back into the vehicle until "eventually [Officer Martin] was able to get his arms under control and put handcuffs on him." (Id.) The State charged Smith with resisting law enforcement. After a bench trial, the court entered a judgment of conviction. The court gave Smith a one-year sentence with 165 days suspended.

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Ind. Code

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