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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: MARK A. THOMA Fort Wayne, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

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

No. 02A05-0703-CR-188

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Kenneth R. Scheibenberger, Judge Cause No. 02D04-0610-FD-892

November 9, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Following a jury trial, Appellant-Defendant Trent Thomas appeals his conviction and sentence for Interference with the Reporting of a Crime, a Class A misdemeanor, 1 for which he received a sentence of 180 days executed at the Allen County Jail. On appeal, Thomas challenges his conviction by claiming it is inconsistent with his acquittal for criminal recklessness and that it is not supported by sufficient evidence. We affirm. FACTS On October 13, 2006, Sarah Malone, who lived with her nephew, Reginald Allen, got into an argument with her then-boyfriend, Thomas. At some point, the argument escalated, and, according to Malone, Thomas stood over her with a knife in his hand, waving it in front of her face and telling her he was going to kill her. At this point, Allen slid the phone across a table to Malone and told her to call 911. Malone picked up the phone and dialed 911, whereupon Thomas took the phone from her and threw it. At that point, Allen retrieved his shotgun, which caused Thomas to put the knife down and leave the house. Fort Wayne Police Officer John Helmsing, who responded to the call, verified with dispatch that the 911 operator received a call but that the call was immediately ended. It is the policy of 911 operators to return such calls and attempt to establish contact. According to Officer Helmsing, the 911 operator was successful in returning the call and establishing contact with Malone, resulting in Malone's report of the incident and Officer Helmsing's response to the scene. Officer Helmsing further testified that

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