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FOR PUBLICATION

ATTORNEY FOR APPELLANT: ANN M. SUTTON Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana

MATTHEW D. FISHER
Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0612-CR-688

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Reuben B. Hill, Judge Cause No. 49F18-0606-FD-099307

September 11, 2007 OPINION- FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Robert Williams appeals his conviction for Residential Entry,1 a class D felony. Williams presents us with a novel issue, claiming that his conviction must be set aside because the State failed to establish that Williams "entered" the victim's residence within the meaning of the statute because the evidence showed that he only partially leaned into the victim's residence through a window that he had broken. The State cross-appeals, claiming that this appeal should be dismissed because Williams failed to show that the failure to file a timely notice of appeal was through no fault of his own and that he was diligent in pursing his right to appeal. While we conclude that the trial court properly granted Williams's motion to file a belated notice of appeal, we also find that the evidence is sufficient to support the conviction. Thus, we affirm the judgment of the trial court. FACTS Sometime during the evening on May 31, 2006, Williams went to Brown's house in Indianapolis. Although Brown and Williams were romantically involved, Brown told Williams to leave because Williams was intoxicated. Williams became belligerent and told Brown that he was going to "beat [her] bloody[.]" Tr. p. 39. As a result, Brown called the police, but Williams fled the scene before the officers arrived. Approximately one hour later, Williams returned and knocked on Brown's door. When Brown refused to allow Williams inside, he walked around the outside of the residence and broke a bedroom window. Brown saw the "top part of Williams's body come through

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Ind. Code

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