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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.

ANDREW B. ARNETT Indianapolis, Indiana

STEVE CARTER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
HUGH ALLEN HEDDEN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 73A01-0701-CR-65

APPEAL FROM THE SHELBY CIRCUIT COURT The Honorable Charles D. O'Connor, Judge Cause No. 73C01-0512-FB-14

October 25, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Hugh Allen Hedden appeals his convictions for Aggravated Battery, 1 a class B felony, and Battery Resulting in Serious Bodily Injury, 2 a class C felony, challenging the sufficiency of the evidence as the sole issue on appeal. We affirm. The facts most favorable to the convictions reveal that on December 12, 2005, Forrestine Rafferty, Danielle Smith, Chris Shepard, and Terry Wickliff were at Rafferty's apartment talking and drinking around the kitchen table. Hedden arrived later in the evening and also socialized and drank with the others. At some point, Hedden and Smith became involved in an argument. Rafferty, who wanted to go to bed, ordered Hedden "to get out of [her] house." Transcript at 315. Hedden then picked up a chair and hit Rafferty in the head with it such that one of the chair legs broke off. Hedden

subsequently grabbed Rafferty and punched her in the face with his right fist and then, from a close distance, threw the broken chair leg at her, striking her in the head again. Rafferty fell to the floor, "lifeless", defenseless, and bleeding from the eye. Id. at 248. As Rafferty lay on the floor "knocked out" and not moving, Hedden stood next to her with his foot over her head. Id. Shepard interceded on Rafferty's behalf and became involved in a physical confrontation with Hedden. In the meantime, Smith called the police. Shepard, Wickliff, and Hedden then left the scene before police arrived. After Hedden left the scene, he

Ind. Code Ann.

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