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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: R. PATRICK MAGRATH Alcorn Goering & Sage, LLP Madison, Indiana

FILED
Jun 16 2011, 9:21 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
KATHLEEN M. BROCKMAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 40A01-1011-CR-645

APPEAL FROM THE JENNINGS SUPERIOR COURT The Honorable Gary L. Smith, Judge Cause No. 40D01-0908-CM-506

June 16, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Kathleen M. Brockman appeals her conviction for false informing as a class B misdemeanor.1 Brockman raises one issue which we revise and restate as whether the evidence is sufficient to sustain her conviction. We affirm. The facts most favorable to Brockmans conviction follow. On June 28, 2009, Jennings County Sheriffs Deputy Karen McCoy was dispatched to a home in Jennings County in response to a call that a male subject was hitting a female subject in a yard outside in front of children. After Deputy McCoy arrived at the scene where a number of adults and children were around, A.B., the alleged victim, came up to Deputy McCoy crying and stated that nothing happened and that Deputy McCoy did not need to be there. Deputy McCoy began to question witnesses regarding what had occurred. Deputy McCoy spoke with Brockman, who was sitting on a swing on the front porch, and Brockman told Deputy McCoy that "shed been sitting there and that her son, Tom got angry with [A.B.] when she messed the car door up" and "they were screaming, yelling at each other outside," but "swore on the [B]ible that Tom did not hit her." Transcript at 4-5. Deputy McCoy asked Brockman "where Tom was," and Brockman "told [Deputy McCoy] that she had heard that he had left and she didnt know." Id. at 5. Deputy McCoy then spoke with Brockmans daughter, who stated that "she hadnt seen anything but, she came over because she had received a text from her mother . . . that said Tom just hit [A.B.] . . . get here now." Id. at 7. Brockmans daughter permitted Deputy McCoy to view and take a picture of the text message. Brockmans daughter stated "that the stuff needed to stop." Id. at 8.
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Ind. Code

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