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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.

FILED
Dec 30 2009, 9:36 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: BRYAN M. TRUITT Bertig & Associates, LLC Valparaiso, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JAMES E. PORTER Deputy Attorney General Indianapolis, Indiana

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

No. 64A03-0907-CR-322

APPEAL FROM THE PORTER SUPERIOR COURT The Honorable Mary R. Harper, Judge Cause No. 64D05-0802-FC-1940

December 30, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Ronny L. Johnson appeals his conviction after a jury trial of Battery Resulting in Serious Bodily Injury1 as a class C felony. Johnson presents the following issues for our review: I. II. Is there sufficient evidence to support Johnsons conviction? Is Johnsons sentence inappropriate in light of the nature of the offense and the character of the offender?

We affirm. In the early morning hours on February 10, 2008, Amber Perzo and her friend, Marci McColly, returned to Perzos mothers house after spending an evening at a bar in Portage, Indiana. During the evening, Perzo received calls and text messages from Johnson. Perzo did not tell Johnson where she and McColly were, but Johnson knew they were out. Perzo had dated Johnson for two years, but ended the relationship approximately three months prior, and recently had told Johnson that she was dating someone else. Johnson had never met McColly. Perzos mother, Catherine Kustric, was outside the house smoking a cigarette when she saw McCollys vehicle pull into the driveway. Perzo, who was in the passengers seat, was saying goodbye to McColly when Kustric observed a vehicle (a Ford Thunderbird) slowly drive past the house. Kustric observed someone turn the Thunderbird around and park it at the end of Kustrics driveway. Kustric saw three men, including Johnson, exit the Thunderbird and approach McCollys vehicle. Kustric then saw Johnson open McCollys

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Ind. Code Ann.

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