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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
Dec 14 2009, 9:39 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ANDREW B. ARNETT Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

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

No. 73A01-0903-CR-148

APPEAL FROM THE SHELBY SUPERIOR COURT The Honorable Russell J. Sanders, Judge Cause No. 73D02-0803-CM-328

December 14, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Jason Richard Eads appeals his conviction of Battery1 as a class A misdemeanor, presenting the following restated issue for review: Did the State present sufficient evidence to rebut his claim of self-defense? We affirm. The facts favorable to the conviction are that Eads loaned his truck to Sanya Smith. She did not return it at the agreed-upon time, so Eads sent a friend, Brandon Wease, to retrieve it. Wease did so. Smith had left some of her belongings in the truck and went to Eads's house to retrieve them. The truck was not there at the time, although Eads was. Smith walked into Eads's house and found Eads in the living room with several other people. She told him she needed to speak with him and the two went into the kitchen. Eads was upset that Smith had not returned his truck on time and an argument ensued. Eads picked up a cup with a beverage in it and threw the drink in Smith's face. As he did so, when Smith saw Eads "swinging [his] arms in the air ... towards [her]", she reacted by swinging back at him, striking him in the temple. Transcript at 29. The two began to wrestle and hit each other. Eventually, they ended up on the floor in the living room, where Wease attempted to pull Eads off of Smith. While Eads was upright and Smith was still on the floor, Eads kicked her in the face with the sole of his boot. A short time later, Smith's mother transported her to a nearby hospital, where Smith was treated for extensive abrasions and contusions on her face and forehead. As a result, she incurred medical expenses of more than $2600. Eads was charged with battery and criminal mischief, both as class A misdemeanors, in conjunction

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Ind. Code Ann.

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