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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: BARBARA J. SIMMONS Oldenburg, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

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

Sep 28 2011, 9:44 am

CLERK

No. 49A02-1101-CR-20

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Mark A. King, Judge Pro Tempore Cause No. 49F08-1007-CM-55936

September 28, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Telisa Arnold challenges her conviction of Class A misdemeanor resisting law enforcement.1 Arnold argues the evidence is insufficient to support her conviction. We affirm. FACTS AND PROCEDURAL HISTORY On July 17, 2010, Officers Grace Lopez and Mark Hamner were dispatched to a parking lot to check on the welfare of Arnold. Her car had broken down on an extremely hot day, and there were three children with her. When Officer Lopez approached, Arnold claimed she needed gas and a ride home. Officer Lopez offered Arnold a ride home. Arnold neither accepted nor rejected the ride home; instead, she commented about "there being some kind of issue at home." (Tr. at 5.) When Arnold refused to explain what the "issue" was, Officer Lopez decided "it was best for officer safety purposes not to put her in my car." (Id.) Officer Hamner described Arnold as "extremely agitated . . . out of control, yelling and screaming." (Id. at 20.) Arnold began walking home with the three children, one of which was an infant that Arnold had to carry. Officer Lopez called for a tow truck to remove Arnold's car from the private parking lot and then checked the police database for any information related to the vehicle. A "hit popped up" on Officer Lopez's computer indicating Arnold was suspected of kidnapping her infant niece. One of the children with Arnold appeared to be about the same age as that niece. (Id. at 6.) The tow truck had arrived for Arnold's car, so the officers left the parking lot in their cars to see if they could locate Arnold and the children.

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Ind. Code

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