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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: TIMOTHY J. BURNS Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0706-CR-451

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Linda E. Brown, Judge Cause No. 49F10-0609-CM-166617

December 27, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE George Jayne appeals his conviction for Pointing a Firearm, as a Class A misdemeanor, after a bench trial. Jayne presents two issues for review, which we restate as: 1. Whether the State presented sufficient evidence to support Jayne's conviction. Whether the evidence supports Jayne's claim that he acted in selfdefense.

2.

We affirm. FACTS AND PROCEDURAL HISTORY In 2006, Amber Straughn and her children lived on South Lyons Avenue in Indianapolis. Jayne lived down the street from Straughn with his wife Donna and their ten-year-old granddaughter ("granddaughter"). On occasion the granddaughter played with Straughn's daughter in Straughn's yard. But after Straughn's daughter had

contracted head lice several times after playing with the granddaughter, Straughn forbade the granddaughter from coming into Straughn's yard. On September 3, 2006, the granddaughter entered Straughn's yard despite Straughn's prior order to stay away. Straughn told the granddaughter to stay out of Straughn's yard, but the granddaughter "was being real mouthy" and said that Straughn "wasn't [her] boss." Transcript at 11. Later, upon returning home from the store, Straughn and her sixteen-year-old passenger, Brandon Meyer, saw Jayne's wife in Jayne's yard. Straughn stopped her car in the road, parked, and asked the wife to keep the granddaughter out of Straughn's yard.
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An argument ensued, and Meyer left Straughn's vehicle to retrieve Straughn's boyfriend, John Williamson, from her home. While Meyer was gone, Jayne came from his home carrying a shotgun. As Meyer returned to the car with Williamson and was about five mobile home lots away from Straughn's car, Meyer saw Jayne pointing the gun through the car window at Straughn, who was in the car. Meyer then saw Jayne "look[] down the street, and [he] sees [sic] me and [Williamson] walking down the street and he runs the gun back up to the house[.]" Transcript at 23. Police were called to the scene, and Straughn gave a statement. The State charged Jayne with pointing a firearm (unloaded), as a Class A misdemeanor. At the conclusion of a bench trial, the court found Jayne guilty as charged. The court then sentenced him to 365 days with all but four days suspended; four days' credit time (two days actual credit and two days good time credit); 361 days of probation; and 120 hours of community service. Jayne now appeals. DISCUSSION AND DECISION Issue One: Sufficiency of Evidence Jayne contends that the evidence is insufficient to support his conviction for pointing a firearm. Specifically, he argues that the State did not meet its burden to prove that Jayne pointed his firearm at Straughn. We cannot agree. When reviewing a claim of sufficiency of the evidence, we do not reweigh the evidence or judge the credibility of the witnesses. Jones v. State, 783 N.E.2d 1132, 1139 (Ind. 2003). We look only to the probative evidence supporting the verdict and the reasonable inferences that may be drawn from that evidence to determine whether a
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reasonable trier of fact could conclude the defendant was guilty beyond a reasonable doubt. Id. If there is substantial evidence of probative value to support the conviction, it will not be set aside. Id. The State charged Jayne with pointing a firearm (unloaded), as a Class A misdemeanor. For a conviction on that offense, the State was required to prove that Jayne knowingly or intentionally pointed an unloaded firearm at Straughn. See Ind. Code

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