Preview:

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: STEPHENIE K. GOOKINS Noblesville, Indiana

FILED
May 20 2010, 8:43 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana Indianapolis, Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JEREMY A. BARKER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 29A02-0911-CR-1084

APPEAL FROM THE HAMILTON SUPERIOR COURT The Honorable Wayne A. Sturtevant, Judge Cause No. 29D05-0811-CM-07066

MAY 20, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARTEAU, Senior Judge

STATEMENT OF THE CASE Appellant Jeremy A. Barker appeals his convictions for operating a vehicle while intoxicated in a manner that endangered a person, a class A misdemeanor,1 and failure to stop after an accident resulting in damage to an unattended vehicle, a class B misdemeanor.2 We affirm. ISSUES Barker raises one issue, which we restate as whether the evidence is sufficient to support the convictions. FACTS On the evening of May 10, 2008, Barker attended a party in Sheridan, Indiana, and became intoxicated. At approximately 3:00 in the morning on May 11, 2008, Melissa McCoy was at work at a printing and mass mailing company in Sheridan. She had asked her supervisor, Phillip Johnson, to come over to the building where she was working because one of the printing presses was malfunctioning. Johnson had parked his car on the side of the street near the building. McCoy went outside to smoke a cigarette. As she stood there, she saw a silver colored Isuzu sport utility vehicle ("the Isuzu") coming down the street. McCoy saw the Isuzu strike Johnson's car on its front passenger side. She was fifteen (15) feet from the collision and saw the Isuzu's driver. McCoy did not see anyone else in the Isuzu. At that
1 2

Ind. Code

Download 05201001bbs.pdf

Indiana Law