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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 GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0704-CR-212

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Jose Salinas, Judge Cause No. 49G17-0701-CM-15935

November 27, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Jamar Thomas appeals his conviction in a bench trial for resisting law enforcement, as a class A misdemeanor. 1 We reverse and remand. ISSUE Whether there is sufficient evidence to support the conviction. FACTS During the early morning of January 27, 2007, Ronnda Watson--the mother of Thomas' child--was at an Indianapolis restaurant. Thomas telephoned Watson and told her that "he was coming up there to get [her]" and take her home. (Tr. 11). When Thomas arrived at the restaurant and approached Watson, she began running away from him because she "wasn't ready to go home." (Tr. 12). Watson ran into the restaurant's parking lot, where Thomas began chasing her "around the car." (Tr. 13). Thomas then "ran up the hood of the car, on top of the roof," jumped off the car and forced Watson to the ground by striking her chest with his foot. (Tr. 14). Wayne Shelton, an officer with the Indianapolis Metropolitan Police Department, was working off-duty security for the restaurant on January 27, 2007. Officer Shelton, who was utilizing his police vehicle and dressed in full uniform, observed Thomas chasing Watson through the parking lot. After Officer Shelton saw Thomas kick Watson, he drove his vehicle to where Thomas and Watson were located and observed Thomas

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