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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
Jul 30 2009, 8:51 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 KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0812-CR-1135

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Rebekah F. Pierson-Treacy, Judge Cause No. 49F19-0808-CM-183574

July 30, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE Tracey Bond appeals his conviction for Battery, as a Class A misdemeanor, following a bench trial. Bond presents two issues for review, which we consolidate and restate as whether the evidence is sufficient to support his conviction. We affirm. FACTS AND PROCEDURAL HISTORY On August 3, 2008, Indianapolis Police Department ("IPD") Officer Michael Leepper initiated a traffic stop of Bond's car at the 300 block of North Eastern Avenue in Indianapolis. Officer Leepper initiated the stop after observing Bond's "failure to signal a turn on three separate occasions and [Bond's] making a three-point turn in the middle of the intersection." Transcript at 10. Bond stopped his car in front of his house, and Officer Leepper approached the driver's side of Bond's car. Officer Andrew Lamle,

who had arrived in his own cruiser at the same time as Officer Leepper, assisted and approached the passenger side of Bond's car. When Officer Leepper reached Bond's car, he asked Bond to show his license and registration. Bond had neither with him and asked why he had been stopped. Officer Leepper described the traffic infractions he had observed. He asked Bond four or five times to show his license and registration. Bond again questioned the reason for the stop, "became belligerant[,]" and "refused to give [Officer Leepper] the information that [he] needed." Id. at 11. Officer Leepper eventually told Bond to exit the car. Officer Leepper testified that Bond "grabbed the door. He was upset. He was cursing me." Id. at 12. When Bond
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grew loud, Officer Lamle walked around the back of the car toward the driver's side door. Officer Leepper testified that the second time he ordered Bond out of the car, he "stepped back approximately . . . three feet." Id. at 18. Bond then "grabbed the door and literally . . . forced the door with his foot or with his arm, but he forced the door into me striking me with the door. I flew back about two or three feet." Id. at 13. Officer Leepper then struggled to handcuff Bond and, with Officer Lamle's assistance, placed Bond under arrest. The State charged Bond with battery, as a Class A misdemeanor, and resisting law enforcement, as a Class A misdemeanor. Following a bench trial, the court found Bond guilty of battery but not guilty of resisting law enforcement. The court sentenced Bond to 365 days, with 355 days suspended. Bond appeals his conviction. DISCUSSION AND DECISION Bond contends that the evidence is insufficient to support his conviction for battery, as a Class A misdemeanor. 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 the offense of battery, as a Class A misdemeanor, the State was required to show beyond a reasonable doubt that Bond knowingly or intentionally touched Officer
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Leepper, a law enforcement officer, in a rude, insolent, or angry manner. Ind. Code

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