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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
Jun 03 2011, 8:33 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: SUZY ST. JOHN Marion County Public Defender Appellate Division Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-1009-CR-997

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Annie Christ-Garcia, Judge The Honorable Teresa Hall, Commissioner Cause No. 49F24-0810-FD-244085

June 3, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary John Warren ("Warren") appeals his conviction for Driving While Suspended within ten years of a prior similar infraction, a Class A misdemeanor.1 He raises one issue for our review, whether there was sufficient evidence supporting his conviction. We affirm in part, reverse in part, and remand. Facts and Procedural History We state the facts according to our standard of review. On October 28, 2008, Warren was driving northbound on Illinois Street in Indianapolis when Officer Greg Slaven ("Officer Slaven") of the Indianapolis Metropolitan Police Department pulled him over for speeding near the intersection of Illinois Street and Sixteenth Street. When Officer Slaven asked Warren for his drivers license and registration, Warren provided his Indiana identification card. Because Warren presented an identification card rather than a drivers license, Officer Slaven suspected that Warren did not have a valid drivers license; Warren admitted that his license had been suspended. Officer Slaven then asked Warren to exit the car and began to handcuff him for officer safety purposes. Officer Slaven secured a handcuff around one of Warrens hands when an altercation ensued, during which Officer Slavens Taser gun was knocked loose. Warren picked up the Taser device, and Officer Slaven retreated into the median of Sixteenth Street, radioed for assistance, and drew his service pistol, pointing it at Warren. Warren discharged

1

See Ind. Code

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