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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: RUTH JOHNSON Marion County Public Defender Agency Indianapolis, Indiana

FILED
Dec 27 2010, 9:25 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MARJORIE LAWYER-SMITH Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-1003-CR-347

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Linda E. Brown, Judge Cause No. 49F10-0908-CM-75068

December 27, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Joshua Beal challenges his conviction of Class A misdemeanor battery1 and the order that he pay restitution to his victim. Because the record contains evidence and reasonable inferences therefrom supporting the judgment, we affirm. FACTS AND PROCEDURAL HISTORY On August 23, 2009, Beal was in his car waiting to turn left at an intersection when a truck driven by Porfiro Mendosa rear-ended Beal's car. Mendosa's vehicle pushed Beal's car forward and straight thru the intersection, while Mendosa's truck completed its left turn onto the new street. Beal drove his car around the block to find the vehicle that struck his. Both vehicles parked and the men exited their vehicles. Beal wanted $660 to $700 from Mendosa and demanded Mendosa's wallet. Mendosa had only $300 and was driving uninsured. When Mendosa could not pay the amount Beal wanted, Beal pulled out a gun and hit Mendosa on the forehead above his right eye with it. Beal then demanded Mendosa sign over the title to Mendosa's truck. Mendosa's uncle arrived at the scene. He noticed Beal was angry and Beal had a gun tucked in his waistband. When Mendosa's uncle called the police to report Beal's possession of a gun, Beal walked to a nearby home2 and then returned without the gun. When police arrived they found Beal in a "very agitated" state. (Tr. at 30.) Beal was angry, and he was yelling and cursing at the officers, which led to his being handcuffed for officer safety. Mendosa, on the other hand, was "physically shaken up," (id. at 33), and on his forehead was a knot that, as the officers talked to Mendosa, was growing larger and turning black and blue.

1

Ind. Code

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