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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: CHARLES W. LAHEY South Bend, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTHUR THADDEUS PERRY Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOSEPH L. WILLIAMS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A03-0605-CR-223

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable Roland W. Chamblee, Jr., Judge Cause No. 71D08-0510-FB-144

January 12, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Joseph L. Williams ("Williams") appeals his conviction for Burglary as a Class B felony. 1 We affirm. Issue Williams raises one issue of whether the evidence is sufficient to support his burglary conviction. Facts and Procedural History In the afternoon of October 26, 2005, Josh Matthews ("Matthews") observed Williams looking through the windows of a neighbor's home in South Bend. Williams asked Matthews if his neighbor was home. Later that evening, Matthews saw Williams kick in the door of the same home, enter, and quickly close the door. Matthews ran home and told his father to call the police. Upon arriving and observing that the front door had been forced open, Officers Radican and Burgess proceeded to the rear of the home and saw the back door close, indicating someone was in the home. Officer Burgess went back to the front of the home, knocked and yelled "South Bend Police Department." At that point, Williams opened a second floor window and crawled out onto the porch roof. Officer Radican could see Williams from the back of the house, and while having her pistol aimed as Williams, ordered him to raise his hands. Williams refused and started to charge off the porch roof, which suddenly gave way. After a struggle and application of a taser, Williams was arrested. A police officer was sent to the homeowner's place of employment. Upon returning 2

to her home, Maria Guillen ("Guillen") noticed some articles inside her home had been moved, including a bicycle and a jewelry chest. Her closet where she kept her jewelry chest was in disarray as was her daughter's bedroom. The State charged Williams with burglary as a Class B felony. After the jury trial on April 11, 2006, Williams was found guilty as charged. The trial court sentenced Williams to twenty years imprisonment, with eight years suspended and four years of probation. Williams now appeals. Discussion and Decision Williams contends that there is insufficient evidence to support his conviction for burglary. The standard of review when considering the sufficiency of evidence is well settled. We will not reweigh the evidence or judge the credibility of the witnesses. Battle v. State, 818 N.E.2d 56, 58 (Ind. Ct. App. 2004). Rather, we look to the evidence most favorable to the verdict and the reasonable inferences to be drawn therefrom. Id. We will affirm the conviction if there is probative evidence from which a reasonable jury could have found the defendant guilty beyond a reasonable doubt. Id. To convict Williams of burglary as a Class B felony under Indiana Code Section 3543-2-1, the State was required to show that Williams: (1) broke and entered the dwelling of another; (2) with the intent to commit a felony therein. In accordance with the charging information, the State was required to prove beyond a reasonable doubt that Williams did break and enter the Guillen home with the intent to commit theft. The offense of theft is governed by Indiana Code Section 35-43-4-2(a), which provides that "[a] person who
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Ind. Code

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