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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 20 2009, 9:14 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: KURT A. YOUNG Nashville, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana

MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana _____________________________________________________________________________ IN THE COURT OF APPEALS OF INDIANA

MOSES PIERCE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff.

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No. 49A02-0901-CR-33

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven Rubick, Judge Cause No. 49G04-0807-FC-170494

August 20, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BROWN, Judge

Moses Pierce appeals his conviction for burglary as a class C felony. 1 Pierce raises one issue, which we revise and restate as whether the evidence was sufficient to support Pierce's conviction. We affirm. The relevant facts most favorable to the judgment follow. Dorothy Daye lives at 416 Eastern Avenue, Indianapolis, Indiana. On July 18, 2008, she was taking out the trash when she heard a hammering noise at the unoccupied house next door. When she went to investigate, she observed Pierce through a small upstairs window of 418 Eastern Avenue ("418"), which was one half of a duplex with 420 Eastern Avenue ("420"), both of which were owned by Jeffrey Todd. Upon observing Pierce, Daye yelled at him to leave the house and that she was going to call the police. Pierce then exited the house through the front door of 418. Pierce confronted Daye and asked her not to call the police, and when she refused, he ran off down an alley. Daye then called 911. When Officer Gregory Ressino arrived at 418, Daye gave him a description of the perpetrator. Officer Ressino patrolled the area and questioned a number of people matching the perpetrator's description, including Pierce. Fifteen to twenty minutes after Officer Ressino left Daye, Pierce returned to Daye's residence. Daye called the police again and reported that the perpetrator had returned. After receiving a report that the perpetrator had returned to Daye's residence, Officer Ressino proceeded to that location. When Officer Ressino arrived, Daye

immediately identified Pierce as the perpetrator of the break-in at 418. Officer Ressino

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