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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
Sep 02 2009, 8:45 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MATTHEW D. ANGLEMEYER Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KELLY A. MIKLOS Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0903-CR-137

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Israel Cruz, Judge Pro-Tem Cause No. 49G16-0809-CM-204008

September 2, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Ross Crawford appeals after a bench trial from his convictions of Battery,1 both as class A misdemeanors. Crawford presents the following issue for review: Did the State present sufficient evidence to rebut Crawford's claim of self-defense? We affirm. Crawford lived at Tammy Shoots' house for about two months before she made several requests for him to leave. Crawford refused on each occasion. On September 1, 2008, while Crawford was talking on the phone in the backyard, Shoots packed up Crawford's belongings, placed them on the front porch, and locked all the doors to the house. Upon realizing that he had been locked out of Shoots' house and that his belongings were on her front porch, Crawford called Chad Laker and asked Laker to pick him up. Crawford was waiting for Laker on Shoots' front porch when Shoots exited the house to talk with Crawford, feeling bad about having kicked him out. The conversation between Shoots and Crawford quickly became heated and Shoots ordered Crawford to get off her property. Crawford began moving his belongings to the end of the driveway and the argument between Shoots and Crawford continued to escalate. Shoots used her bare foot to kick Crawford's duffel bag. Crawford then swung his saw case containing the saw at Shoots' head. Shoots deflected the blow with her arm and hand, breaking her fingers and bruising her arm. Crawford then punched Shoots twice in the face. Shoots' daughter, Tiffany, who had witnessed Crawford hit her mother, ran from the house and pushed Crawford away. Crawford then punched Tiffany twice in the face before
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Ind. Code Ann.

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