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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. ATTORNEYS FOR APPELLANT: DAVID M. HENN JAMES T. FLANIGAN McClure McClure Davis & Henn Greenwood, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0704-CR-217

APPEAL FROM THE MARION SUPERIOR COURT The Honorable John A. Kitley, Judge Pro Tempore Cause No. 49F07-0605-CM-85610

December 27, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Timothy Kilbourne appeals his conviction for resisting law enforcement as a class A misdemeanor.1 Kilbourne raises one issue, which we revise and restate as whether the evidence is sufficient to sustain his conviction. We affirm. The relevant facts follow. On March 8, 2006, Kilbourne was riding his daughter's dirt bike off road in an industrial complex in Marion County. The complex contains fitness trails open to the public for walking or jogging but not for the operation of motorized vehicles. Speedway Police Department Captain Alan Jones approached

Kilbourne in a vehicle marked as a "police interceptor," activated his emergency lights, and informed Kilbourne that he was an off duty police officer working for the complex. Transcript at 5. Though wearing blue jeans and a t-shirt, Captain Jones had his badge around his neck. He asked Kilbourne not to ride on the property, to which Kilbourne responded, "Fuck you. Stop me," and then "sped away." Id. at 5. Captain Jones "yelled for him to stop and come back" because he was "going to give him the criminal trespass warning," but Kilbourne "continued to drive away." Id. at 11-12. When Captain Jones encountered Kilbourne later, he asked Kilbourne to approach his car, but Kilbourne again yelled "fuck you" and rode away. Id. at 6. The State charged Kilbourne with resisting law enforcement and criminal trespass2 as class A misdemeanors. After a bench trial on March 20, 2007, the trial court found

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Ind. Code

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