Preview:

FOR PUBLICATION

ATTORNEY FOR APPELLANT: PATRICIA CARESS MCMATH Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

FILED
Dec 31 2009, 10:27 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 02A03-0908-CR-363

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable John F. Surbeck, Jr., Judge Cause No. 02D04-0804-FD-288

December 31, 2009

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Giavonni Williams appeals his convictions of Strangulation1 and Battery,2 each as Class D felonies. We affirm. Issues Giavonni Williams raises four issues on appeal, which we restate as follows: I. Whether the trial court deprived him of his right to counsel in determining that he knowingly, willingly, and voluntarily exercised his right to self-representation; Whether the trial court committed reversible error in denying his motion for separation of witnesses; Whether the Battery statute was void for vagueness, as applied; and Whether there was insufficient evidence that he committed Battery. Facts and Procedural History Kimberly Dickey ("Dickey") dated and engaged in sexual intercourse with Giavonni Williams a/k/a Michael Williams ("Williams"). Williams was living with Dickey and her two children, ages twelve and eight, at the time of the instant offense. After midnight on March 28, 2008, Dickey placed two calls to 9-1-1. During the first, Dickey sought police assistance and stated that she had repeatedly asked Williams to leave her home, that he was refusing to do so, and that he had threatened her. A recording of the call indicates that a man could be heard arguing with Dickey.

II.

III. IV.

1

Ind. Code

Download Giavonni Williams v. State of Indiana.pdf

Indiana Law