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.

FILED
Dec 29 2011, 9:40 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: C. ROBERT RITTMAN Grant County Public Defender Marion, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOHNATHON R. ASLINGER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 27A02-1105-CR-670

APPEAL FROM THE GRANT SUPERIOR COURT The Honorable Dana Jo Kenworthy, Judge Pro Tempore Cause No. 27D02-1103-CM-59

December 29, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Johnathon R. Aslinger appeals his conviction in a bench trial of public intoxication as a class B misdemeanor.1 We affirm. ISSUE Whether there is sufficient evidence to support the conviction. FACTS On March 6, 2011, Aslinger met his sister at a pub in Grant County. At some point during the evening, Aslinger began to argue with several of the pub's patrons. A bouncer eventually removed Aslinger from the pub. Aslinger then stood outside and made threatening gestures with a beer bottle. After the bartender called the police, Aslinger walked away from the pub. Marion Police Department Officer Joshua Price was dispatched to the scene and noticed Aslinger staggering and stumbling down the sidewalk. As Officer Price

approached Aslinger, the officer smelled the odor of alcohol emanating from Aslinger's breath. Aslinger's speech was slurred, and he was uncooperative when the officer asked him to take a field sobriety test. A portable breath test indicated the presence of alcohol on Aslinger's breath.

1

Ind. Code

Download Johnathon R. Aslinger v. State of Indiana.pdf

Indiana Law