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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.

FILED
Mar 08 2010, 10:33 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: TIMOTHY J. BURNS Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JAMES E. PORTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

JASON DIXON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff.

) ) ) ) ) ) ) ) )

No. 49A02-0908-CR-721

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Barbara Collins, Judge Cause No. 49F08-0903-CM-34467

March 8, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Jason Dixon appeals his conviction for Class B misdemeanor disorderly conduct. We affirm. Issue Dixon raises one issue, which we restate as whether there is sufficient evidence to support his disorderly conduct conviction. Facts On March 22, 2009, Indianapolis Metropolitan Police Officer John Walters responded to a call for assistance at a house on LaSalle Street. When Officer Walters arrived, the scene was chaotic. Three individuals were in the yard and another, Dixon, was on the porch. One of the individuals in the yard was in handcuffs. The two others and Dixon were yelling obscenities at the police officers. The two others, one of whom was apparently eight months pregnant, were arrested. Dixon became more agitated and more aggressive and came off the porch and yelled at the police officers. He said, "you cant f****** touch them, shes f****** pregnant, you cant arrest them, f*** you police." Tr. pp. 7-8. Dixon was "[v]ery agitated, very aggressive, rude, insolent,

belligerent, he had balled fists, clenched jaw, and it just seemed like his, his behavior was escalating." Id. at 8. Officer Walters told Dixon he was under arrest and asked him to come down from the porch. Dixon did not comply and "retreated further up onto the porch still yelling obscenities saying you cant f****** arrest me." Id. Dixon continued to yell and ran 2

into the house. Officer Walters was unable to follow Dixon into the house because there were several large pit bulls inside, and Dixon told them to "get ,,em" when Officer Walters opened the door. Id. at 9. Officer Walters closed the door and tased Dixon from outside the door. During the incident, Officer Walters asked Dixon to stop yelling several times, and other peoples attention was drawn to the altercation. On March 23, 2009, the State charged Dixon with Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. At the beginning of the bench trial, the trial court denied the States request to amend the resisting law enforcement charge and entered a not guilty verdict on that charge. Dixon was found guilty of the disorderly conduct charge. Dixon now appeals. Analysis Dixon argues there is insufficient evidence to support his conviction for disorderly conduct. When reviewing the sufficiency of the evidence to support a conviction, we must consider only the probative evidence and reasonable inferences supporting the verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). "It is the fact-finders role, not that of appellate courts, to assess witness credibility and weigh the evidence to determine whether it is sufficient to support a conviction." Id. We affirm the conviction unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. Id. There is sufficient evidence to support a conviction if an inference may reasonably be drawn from it to support the verdict. Id. at 147. A person who recklessly, knowingly, or intentionally makes unreasonable noise and continues to do so after being asked to stop commits Class B misdemeanor disorderly 3

conduct. Ind. Code

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