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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: THOMAS M. THOMPSON Thompson Law Office Connersville, Indiana

FILED
Dec 30 2008, 9:05 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

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

No. 21A01-0802-CR-35

APPEAL FROM THE FAYETTE CIRCUIT COURT The Honorable Daniel Lee Pflum, Judge Cause No. 21C01-0508-FC-266

December 30, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION MAY, Judge

Ragena Dennis was convicted after a jury trial of battery, a Class C felony, 1 and attempted murder, a Class A felony.2 She argues there was insufficient evidence to support her conviction of attempted murder because she had the opportunity to commit murder but did not. We affirm. FACTS AND PROCEDURAL HISTORY Dennis had been married to Dustin Dennis for several years. While they were married, Dustin periodically had affairs with Kim Carlin. Dustin was living with Carlin in August of 2005. On August 6, 2005, Dennis telephoned Carlin at her home looking for Dustin, and an argument ensued. Dennis threatened Carlin and tried to induce Carlin to fight her. Carlin called the Connersville Police to report the threat. Later that afternoon, Carlin was driving her moped to work when Dennis, who was waiting for Carlin, pulled out of a parking lot. Dennis drove alongside Carlin's moped yelling insults and threats. After a few moments, Dennis swerved her car off the road and hit Carlin's moped. Carlin flew off the moped and landed in a ditch filled with rocks. Dennis exited her vehicle and began punching Carlin and yelling that she was going to kill her. Several witnesses attempted to help Carlin and were eventually able to stop Dennis from hitting her. Carlin received minor injuries. Dennis pled guilty to attempted murder, but the court rejected the plea when Dennis reported she had not intended to kill Carlin.

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Ind. Code

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