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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: JULIE ANN SLAUGHTER Marion County Public Defender Agency Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MARJORIE LAWYER-SMITH Deputy Attorney General Indianapolis, Indiana

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

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

Apr 19 2010, 9:45 am

CLERK

No. 49A02-0910-CR-950

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Rebekah Pierson-Tracy, Judge Cause No. 49F19-0906-CM-58341

April 19, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Norman White appeals his conviction for resisting law enforcement as a class A misdemeanor.1 White raises one issue, which we revise and restate as whether the evidence is sufficient to sustain his conviction. We affirm. The facts most favorable to the conviction follow. On June 21, 2009, Indianapolis Metropolitan Police Officer Troney Harris and other law enforcement officers were at an apartment complex in Indianapolis apprehending and arresting a person related to White.2 A crowd of about "twenty or thirty people" formed and were "getting excited" and yelling at the officers due to the arrest. Transcript at 21. At some point White

approached the officers and began "yelling" and "cursing" at the officers. Id. at 7-8. White said to the officers, "you mother f---ers cant do this, you mother f---ers not going to do anything to my cousin." Id. at 14. White also yelled "get your f---ing hands off my cousin." Id. at 20-21. After White was yelling, the crowed was "getting louder, as well." Id. at 18. Officer Harris asked White to be quiet at least four to five times. Another officer at the scene "told [White] to get back several times," but White "kept coming forward." Id. at 21. That officer also told White to "quiet down" three or four times. Id. A weapon was on the ground near the officers and the person related to White who was being detained. At the time that White and others approached the officers, the officers had not yet had time to secure the weapon, so the officers were "trying to get everybody back."
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Ind. Code

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