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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 Oldenburg, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KATHERINE MODESITT COOPER Deputy Attorney General Indianapolis, Indiana

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

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

Nov 14 2011, 9:14 am

CLERK

No. 49A04-1103-CR-85

APPEAL FROM THE MARION SUPERIOR COURT The Honorable William J. Nelson, Judge Cause No. 49F07-1009-CM-68338

November 14, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Michelle Lynch appeals her conviction of Class A misdemeanor criminal mischief.1 We affirm. FACTS AND PROCEDURAL HISTORY On August 5, 2010, Jessica Broaddus saw Lynch next to Broaddus' car, holding what appeared to be a plastic milk jug. Broaddus and Lynch knew each other because their children had a common father. Broaddus asked Lynch what she was doing, the two women exchanged profanities, and Lynch left. Broaddus inspected her car and noticed the word "Bitch" had been written twice in red nail polish on the side of her car. The gas tank was open, and Broaddus could see liquid spilling from the side of her car and pooling on the ground. Broaddus called police, who also observed the words written on the side of Broaddus' car and the state of the gas tank. Broaddus paid $250.00 to repair the damage. The State charged Lynch with Class A misdemeanor criminal mischief. After a bench trial, the trial court found Lynch guilty as charged and sentenced her to 365 days, with 363 days suspended, ordered Lynch to pay $250.00 in restitution to Broaddus, and issued a no contact order.

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Ind. Code

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