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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: BRIAN J. MAY South Bend, Indiana

FILED
Jul 27 2010, 9:35 am
of the supreme court, court of appeals and tax court

CLERK

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
ROBERT EMERSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A03-1001-CR-26

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable John M. Marnocha, Judge Cause No. 71D08-0812-FA-53

July 27, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Robert Emerson appeals his conviction for battery as a class C felony. 1 Emerson 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. Prior to December 2009, Andrew Myers grew up in the same neighborhood as Emerson and Emerson's brothers Marcus and Matthew. At some point, Myers cooperated with an investigation by

purchasing narcotics and providing information to the police. Around 9:00 or 10:00 p.m. on December 5, 2008, Myers and his pregnant fianc

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Indiana Law