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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: CHRISTINA ROSE KLINEMAN Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0706-CR-313

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Jose Salinas, Judge Cause No. 49G17-0512-FD-219914

December 18, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE Samuel Boyd appeals his conviction for Domestic Battery, as a Class A misdemeanor, following a bench trial. Boyd raises a single issue for our review, namely, whether the State presented sufficient evidence to support his conviction. We affirm. FACTS AND PROCEDURAL HISTORY In December of 2005, Boyd, Marguerite Newsom, and Charles Harrison lived together on North King Avenue in Indianapolis. Boyd and Newsom had been engaged in an "intimate" relationship for over a year. Transcript at 4. Harrison and Boyd "had the upstairs" and Newsom lived "downstairs." Id. at 18. Prior to living together on North King Avenue, Boyd and Newsom lived together at a different location. At the North King Avenue residence, the three inhabitants "all agreed to rent the house." Id. On December 11, Boyd engaged Newsom in an argument. The argument

escalated to physical violence when Boyd grabbed Newsom by the neck, dragged her out of her bed, and punched her in the face. Boyd tore gold chains from Newsom's neck, cutting her; poured cold water and beer on her face; and "physically tore up" her cell phone as she attempted to call 911. Id. at 8. Newsom fled a short time later and contacted the police. On December 29, the State charged Boyd with Criminal Confinement, as a Class D felony; domestic battery, as a Class A misdemeanor; Battery, as a Class A misdemeanor; and Interference with Reporting a Crime, a Class A misdemeanor. On May 9, 2007, the court held a bench trial and found Boyd guilty as charged. The court
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then entered judgment of conviction on all counts but battery, which the court merged into the domestic battery conviction. The court sentenced Boyd accordingly, and this appeal ensued. DISCUSSION AND DECISION On appeal, Boyd argues only that the State failed to present sufficient evidence to support his conviction for domestic battery. When reviewing a claim of sufficiency of the evidence, we do not reweigh the evidence or judge the credibility of the witnesses. Jones v. State, 783 N.E.2d 1132, 1139 (Ind. 2003). We look only to the probative evidence supporting the judgment and the reasonable inferences that may be drawn from that evidence to determine whether a reasonable trier of fact could conclude the defendant was guilty beyond a reasonable doubt. Id. If there is substantial evidence of probative value to support the conviction, it will not be set aside. Id. To prove domestic battery, as a Class A misdemeanor, the State was required to show beyond a reasonable doubt that Boyd "knowingly or intentionally touche[d] an individual who[] is or was living as if a spouse of the other person as provided . . . in a rude, insolent, or angry manner that result[ed] in bodily injury . . . ." Ind. Code

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