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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: BEAU J. WHITE Marion, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
GUS N. LEFTAKES, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 27A05-0603-CR-160

APPEAL FROM THE GRANT SUPERIOR COURT The Honorable Jeffrey D. Todd, Judge Cause No. 27D01-0403-FD-32

December 20, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Gustin Leftakes appeals his conviction for Class D felony residential entry. We affirm. Issue Leftakes raises one issue, which we restate as whether there is sufficient evidence to support his conviction. Facts At approximately 2:00 a.m. on January 12, 2004, Leftakes rang the security buzzer of the apartment of Victoria Gilbert. Leftakes sounded "garbled" through the speaker and Gilbert thought it was her neighbor, Aaron Troyer. Tr. p. 159. Gilbert believed that Troyer was locked out of his apartment, and she unlocked the main door to the common area of the apartment building. Thinking that Troyer might also be locked out of his actual apartment, Gilbert started to open the door to her apartment to see if she could further help Troyer. As she opened her door approximately one and half to two feet she saw Leftakes standing in front of her door. While Gilbert was standing in front of the door, Leftakes "pushed right by" her and entered her apartment. Id. at 168. Leftakes used Gilbert's restroom and phone and, after her repeated requests, he left her apartment. On March 3, 2004, the State charged Leftakes with Class D felony criminal confinement, Class D felony residential entry, and Class A misdemeanor trespass. The State later added an additional charge of Class B misdemeanor public intoxication. A jury found Leftakes guilty of the residential entry and trespass charges. Leftakes now appeals his conviction for residential entry. 2

Analysis When faced with a challenge to the sufficiency of evidence to support a conviction, we neither reweigh the evidence nor judge the credibility of the witnesses, and we respect the jury's exclusive province to weigh conflicting evidence. McHenry v. State, 820 N.E.2d 124, 126 (Ind. 2005). We must consider only the probative evidence and reasonable inferences supporting the verdict. Id. If the probative evidence and reasonable inferences drawn therefrom could have allowed a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt, we must affirm. Id. Residential entry is defined as knowingly or intentionally breaking and entering the dwelling of another person. Ind. Code

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