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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: BARBARA J. SIMMONS Batesville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0602-CR-149

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Carol Orbison, Judge Cause No. 49G17-0510-CM-186210

November 1, 2006

MEMORANDUM DECISION - NOT FOR PUBLICATION BAKER, Judge

Appellant-defendant Larry Shine appeals his convictions for Battery, 1 a class B misdemeanor, and Resisting Law Enforcement,2 a class A misdemeanor. Specifically, Shine argues that there is insufficient evidence supporting his convictions. Finding no error, we affirm the judgment of the trial court. FACTS On the morning of October 16, 2005, Shine and Josette Dodson, who were in a romantic relationship, drove together to a vacant lot in Marion County where they engaged in a discussion about their relationship. After talking for ten to fifteen minutes, their

conversation escalated into an argument during which they "tussled." Tr. p. 15, 24. Dodson saw a police car passing by, exited Shine's vehicle, and ran toward the police car, screaming. As she exited Shine's vehicle, Shine grabbed her, leaving scratches on her arm and on her right cheek. Indianapolis Police Officer Donald Randall heard Dodson's screams and stopped to investigate. She ran to his vehicle, continuing to scream. Officer Randall instructed Dodson to wait near his vehicle while he walked over to Shine's car to investigate. The officer made brief eye contact with Shine, who was standing at the rear of his vehicle. Officer Randall observed that Shine was wearing an orange shirt over a white tank top, and both Dodson and Shine later corroborated the accuracy of the officer's description of Shine's clothing. The officer was approximately fifteen feet away from Shine when Shine began to flee, which he continued to do even after Officer Randall identified himself as a police officer and yelled three times for Shine to stop. When the
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