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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
Aug 06 2009, 8:37 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 ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0901-CR-53

APPEAL FROM THE MARION SUPERIOR COURT The Honorable William Nelson, Judge Cause No. 49F07-0808-CM-199210

August 6, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Michael J. Orr appeals his conviction after a bench trial of Resisting Law Enforcement1 as a class A misdemeanor. Orr presents the following issue for review: Was there sufficient evidence of an order to stop to support Orr's conviction of resisting law enforcement? We affirm. On August 24, 2008, Orr was the front-seat passenger of a black Honda car stopped by Lawrence Police Department Officer Brian Sharp. Officer Sharp asked Orr and the driver for their names and arrest histories and asked Orr about his tattoos. After speaking with the two, Officer Sharp allowed them to go. Earlier that evening police officers had broken up a party about two or three blocks away from the current stop where juveniles had been drinking. Orr knew of the party but did not attend. About twenty minutes later, at approximately 1:45 a.m., Officer Sharp, who was patrolling the area in a fully marked police car and was wearing a police uniform, again observed Orr and the black Honda. On this occasion, Orr was standing with another individual next to the black Honda at a well-lit Indianapolis intersection approximately twenty to thirty yards away from the officer. Officer Sharp approached them in his patrol car because the friend looked like a juvenile and it was past curfew. Orr and the other person looked directly at Officer Sharp before running south while the black Honda sped east. Officer Sharp shined his spotlight on Orr and his friend after they started running. The friend stopped but Orr continued running through yards and between houses.

1

See Ind. Code Ann.

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