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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: ANN M. SUTTON Marion County Public Defender Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana

GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

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

Oct 27 2010, 9:38 am

CLERK

No. 49A02-1003-CR-268

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Barbara Collins, Judge Cause No. 49F08-0912-CM-98860

October 27, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Joel Moses appeals his conviction for Class B misdemeanor public intoxication. We affirm. Issue Moses raises one issue, which we restate as whether there is sufficient evidence to support his conviction. Facts At approximately 12:30 p.m. on December 3, 2009, Moses, who had consumed alcohol earlier in the day, became upset inside a car repair shop because his warranty was not honored. When Indianapolis Metropolitan Police Department Officer Nicholas

Hubbs arrived at the scene, Moses was holding onto a counter to prevent himself from swaying. Officer Hubbs immediately noticed the odor of alcohol emanating from

Moses's breath. Moses's speech was slurred, and his eyes were bloodshot and glassy. Moses was arrested, and the State charged him with Class B misdemeanor public intoxication. Following a bench trial, Moses was convicted as charged. He now appeals. Analysis Moses argues that there is insufficient evidence to support his conviction. 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-finder's role, not that of appellate courts, to assess witness credibility and weigh the evidence to determine whether it is sufficient

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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. "It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9)." Ind. Code

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