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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: JOHN ANDREW GOODRIDGE Evansville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

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

No. 82A01-0606-CR-234

APPEAL FROM THE VANDERBURGH SUPERIOR COURT The Honorable Richard G. D'Amour, Magistrate-Judge Cause No. 82D05-0509-CM-6668

March 28, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Thomas L. Pryor appeals from his conviction for Criminal Mischief, 1 a class A misdemeanor. Specifically, Pryor argues that there is insufficient evidence supporting his conviction. Finding no error, we affirm the judgment of the trial court. FACTS Pryor has a son, Timothy Pryor, whose mother is Peggy Agent. On August 7, 2005, Peggy, her husband, Jeffrey Agent, Timothy, and Jeffrey's daughter drove from Kentucky to Pryor's home in Vanderburgh County. The purpose of the trip was to drop off Timothy, who was fifteen years old at the time, at Pryor's residence. Upon their arrival, Pryor was standing outside his house and began yelling before anyone exited the vehicle. Timothy then got out of the vehicle and entered the house. Pryor started yelling at Peggy because he believed that she should have consulted him before keeping Timothy longer than Pryor had expected. Jeffrey reminded Pryor that they had returned Timothy to Pryor later than expected in the past with no problems and suggested that Pryor and Peggy needed to work out a better visitation schedule. Pryor attempted to grab Jeffrey's window, at which time Jeffrey instructed Peggy to roll up her window. Pryor ran around the vehicle to the front passenger door and "slapped" the car; he then went to the driver's side of the vehicle and "hit it." Tr. p. 13, 29. Jeffrey exited the car and Pryor then attempted to strike him. Jeffrey kicked Pryor in the leg. At that point, Timothy ran out of the house and pushed Pryor to the ground. Jeffrey returned to the

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