Preview:

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: HAROLD E. AMSTUTZ Lafayette, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

FILED
Mar 10 2010, 10:06 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
RONALD L. WRIGHT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 79A02-0906-CR-516

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Michael A. Morrissey, Judge Cause No. 79D06-0801-FD-26

March 10, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Ronald L. Wright appeals his conviction of two counts of resisting law enforcement.1 We affirm. FACTS AND PROCEDURAL HISTORY On January 28, 2008, Officer Nicholas Amor responded to an "officer needed call." (Tr. at 24.) Officer Amor spoke to Marsheena Walter concerning a "domestic situation" involving Wright. (Id. at 25.) Walter told Officer Amor that Wright drove a black Pontiac Bonneville. As Walter and Officer Amor were speaking, Wright passed by in his Bonneville. Officer Amor got into his police car and followed him. When Officer Amor drew close to the Bonneville, it sped up. After Officer Amor saw the car roll through a stop sign, he initiated a traffic stop. As Officer Amor approached the Bonneville, Wright stuck the upper part of his body out the window and turned toward Officer Amor. Wrights hands remained inside the vehicle, where Officer Amor could not see them. It appeared to Officer Amor that Wright was reaching for something. Concerned that Wright might have a weapon, Officer Amor ordered Wright to show his hands. Officer Amor repeated this command several times, but Wright did not comply. Officer Amor then drew his weapon, holding it in the "low ready" position, aimed toward the ground. (Id. at 37.) Meanwhile, Officers Richard Murphy and Adam Burton arrived on the scene. Seeing that Wright was not complying with Officer Amors orders, Officer Murphy also drew his gun, and he approached Wrights car on the passenger side. After asking several more times

1

Ind. Code

Download Ronald L. Wright v. State of Indiana.pdf

Indiana Law