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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: ANN M. SUTTON Marion County Public Defender Agency, Appellate Division Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHELLE BUMGARNER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

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

Nov 10 2011, 9:36 am

CLERK

No. 49A02-1102-CR-108

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Linda E. Brown, Judge Cause No. 49F10-1008-CM-61958

November 10, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Michael Henderson appeals his convictions for disorderly conduct as a class B misdemeanor1 and public intoxication as a class B misdemeanor.2 Henderson raises one issue which we revise and restate as whether the evidence is sufficient to sustain his convictions. We affirm in part and reverse in part. The facts most favorable to the convictions follow. In the early afternoon of August 9, 2010, Indianapolis Metropolitan Police Officer Marvin Bankhead was dispatched to the 1800 block of North Irvington Avenue in Marion County based upon a call that "said that they could hear someone yelling, threatening to kick down the door of a house on the corner of 18th and Irvington." Transcript at 7. When Officer Bankhead arrived, he noticed Henderson on the porch of the corner house. Officer Bankhead approached Henderson, and Henderson stated that he needed to retrieve some personal items from the house. Officer Bankhead told Henderson to "wait right there" while he talked to the resident. Id. Officer Bankhead knocked on the door, and a female answered the door and invited Officer Bankhead into the home. Officer Bankhead learned that the female and Henderson had had an intimate relationship at some point and that she no longer wanted Henderson at her residence. Indianapolis Metropolitan Police Officer Tracy Dobbs arrived on the scene and observed Henderson standing on the sidewalk. Henderson "started yelling and

screaming" and using "[p]rofanities, a lot." Id. at 18. Henderson yelled something about a business card and that he "wanted his ,,Fing business card." Id. at 18. Officer
1

Ind. Code

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