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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: SUSAN D. RAYL Smith Rayl Law Office, LLC Indianapolis, Indiana

FILED
Aug 12 2010, 9:02 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JANINE STECK HUFFMAN Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0912-CR-1255

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Clark H. Rogers, Judge Cause No. 49G17-0908-FD-75205

August 12, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Roger Hendrickson appeals his conviction for interference with reporting of a crime as a class A misdemeanor.1 Hendrickson 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 August 23, 2009, Shaylan Utterback and her son were asleep at their home in Indianapolis. Utterback woke up to her dog "barking loudly," and she went to check her bathroom window, which looked out on the back door of her home. Transcript at 6. Utterback observed Hendrickson, with whom she had been "boyfriend and girlfriend for about six, seven months," id. at 4, "walking away . . . towards the end of the alley." Id. at 6-7. Utterback "ran outside" because she "didnt want [Hendrickson] to take [her] vehicle again . . . ." Id. at 7. Hendrickson began threatening Utterback, and Utterback went back into her house "[t]o grab [her] phone to call the police." Id. at 8. However, "before [Utterback] got time to get [her] phone, [Hendrickson] was in [her] house." Id. Hendrickson "had his hands on [her] hands too." Id. Utterback told Hendrickson to leave her home, but the whole time "he was fighting for the phone." Id. Utterback "pulled down on his shirt to get him . . . told him to get off of [her]. And then thats when he got [her] phone." Id. Utterback went into her bathroom "hoping that the neighbors would (inaudible) for them to hear [her] hollering for help." Id. While in the bathroom, Hendrickson grabbed Utterback by her face, "slammed [her] down to the bathroom floor," and subsequently "ran out" of the home. Id.

1

Ind. Code

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