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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.

FILED
Feb 06 2012, 8:38 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: BARBARA J. SIMMONS Oldenburg, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GARY R. ROM Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-1108-CR-687

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Deborah J. Shook, Master Commissioner Cause No. 49F08-1012-CM-094752

February 6, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Meranda White appeals her conviction for Class A misdemeanor resisting law enforcement. She argues that the evidence is insufficient to prove that she forcibly resisted. Concluding that the evidence is sufficient, we affirm. Facts and Procedural History The evidence most favorable to the judgment shows that during the early morning hours of December 24, 2010, Indianapolis Metropolitan Police Department Officer Dustin Greathouse was dispatched to an apartment because of a domestic disturbance. When Officer Greathouse walked into the apartment building, he heard a lot of yelling and screaming coming from inside the apartment. He knocked on the door, and a female answered. Officer Greathouse went inside to speak with White's mother and sister. In the meantime Officer Kelley Frame arrived on the scene and spoke with White in the hallway. After Officer Greathouse's discussion with White's family, he decided to arrest White for "[c]ombative injury." Tr. p. 9. Officer Greathouse handcuffed White behind her back and had her sit on the steps in the hallway. When Officer Frame began to search White, she "kept trying to stand up." Id. The officers told White to have a seat "for her safety and ours due to her violent nature." Id. Instead of allowing Office Frame to search her, White "was pulling away from her, not being real cooperative, [and] try[ing] to stand up." Id. at 10. This went on for "[s]everal minutes." Id. at 15. After White's repeated refusals to sit down, the officers finally forced her to sit down on the steps. At this point, White "leaned back on her back and started kicking at [Officer Greathouse] and kicking Officer Frame." Id. at 2

10. All the while White was screaming profanities. Although White did not strike Officer Greathouse while she was kicking, White did strike Officer Frame. Id. at 10-11. White kicked Officer Frame "more than five" times in her legs and "[o]nce in the head." Id. at 15-16. The kicking lasted for "at least a minute," at which point Officer

Greathouse went to his car and got a nylon strap which he used to strap White's ankles to prevent her from kicking them. Id. at 11. The State charged White with Class A misdemeanor resisting law enforcement. A bench trial was held. Both Officers Greathouse and Frame testified for the State. White testified in her own defense, explaining that she was angry at the time she was arrested because of the incident with her family. She claimed that she stood up only once and promptly sat back down when instructed. When asked if she "kicked at" the officers, White responded, "Absolutely not." Id. at 18. White explained that when the officers pulled her back, her foot hit the officer. Id. at 19. The trial court found White guilty as charged and sentenced her to 365 days with 351 days suspended and credit for time served. The trial court placed her on probation for 351 days. White now appeals her conviction. Discussion and Decision White contends that the evidence is insufficient to support her conviction for Class A misdemeanor resisting law enforcement. When reviewing the sufficiency of the

evidence to support a conviction, we must consider only the probative evidence and reasonable inferences supporting the judgment. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We do not assess witness credibility or reweigh the evidence. Id. When 3

confronted with conflicting evidence, we consider it most favorably to the trial court's ruling. Id. We affirm the conviction unless "no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt." Id. (quotation omitted). It is not necessary that the evidence overcome every reasonable hypothesis of innocence. Id. at 147. The evidence is sufficient if an inference may reasonably be drawn from it to support the judgment. Id. To convict White of Class A misdemeanor resisting law enforcement as charged here, the State had to prove that she knowingly or intentionally forcibly resisted, obstructed, or interfered with a law enforcement officer while the officer was lawfully engaged in the execution of his or her duties.1 Appellant's App. p. 16; see also Ind. Code

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