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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
Dec 04 2008, 9:02 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: KIMBERLY A. JACKSON Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JANINE STECK HUFFMAN Deputy Attorney General Indianapolis, Indiana

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

No. 57A04-0805-CR-282

APPEAL FROM THE NOBLE SUPERIOR COURT The Honorable Robert E. Kirsch, Judge Cause No. 57D01-0706-FD-172

December 4, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Travis Stout appeals his conviction for Intimidation1 as a class D felony following a jury trial. Stout challenges the sufficiency of the evidence as the sole issue on appeal. We affirm. The facts most favorable to the conviction follow. Tracy McClellan and Stout were in a relationship that ended in May 2007. Kimberly Carpenter, Tabitha Vaught, and Wanetta Gause were all acquaintances of McClellan, all young adults. Immediately after McClellan ended the relationship with Stout, she began dating Brent Brown and moved in with Brown and his father at his father's residence in Noble County, which was across the street from the home Gause shared with her boyfriend, Michael Almack. McClellan, Stout immediately began dating Vaught. On June 22, 2007, McClellan and Brown were involved in an argument, during which Brown grabbed McClellan's wrist. McClellan became scared by Brown's actions and discussed the incident with Gause, who was concerned enough to talk to Brown about what had happened. Gause also told her brother, Billy Gause, and her boyfriend (Almack) about the incident between McClellan and Brown. The information eventually relayed to Stout, Carpenter, and Vaught was that Brown was beating McClellan. After attempts to contact McClellan about the possible physical abuse proved unsuccessful, on June 23, 2007, Stout, Vaught, Carpenter, and Kevin Stump (Carpenter's boyfriend) drove to where McClellan was living in Noble County in order to pick her up and take her back to Fort Wayne to her mother's house. During the drive to Noble County, Stout was "running his mouth" saying that he was going to beat up Brown. Transcript at 307.
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After the break-up with

Ind. Code Ann.

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