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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: STEVEN K. RAQUET Public Defender Kokomo, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
VINCENT E. CROSS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 34A02-0611-CR-1048

APPEAL FROM THE HOWARD SUPERIOR COURT The Honorable William C. Menges, Jr., Judge Cause No. 34D01-0605-CM-372

February 21, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Vincent E. Cross ("Cross") appeals his conviction for Domestic Battery as a Class A misdemeanor. 1 We affirm. Issue Cross raises one issue of whether the evidence is sufficient to support his domestic battery conviction. Facts and Procedural History Cross and Christine Himes ("Himes") had been in a romantic relationship for a year and a half and had lived in three different apartments together. The address of the third apartment was 413 South Union in Howard County. On the afternoon of April 13, 2006, Cross went to 413 South Union to make a phone call, and Himes let him in the apartment. Himes had not seen Cross for two or three days. Himes noticed a woman sitting on Cross's bike outside the apartment. An argument ensued. Himes asked Cross for his key to their apartment. Thereafter, Cross smacked Himes, knocking her to the ground. Following further argument, Cross choked Himes, forcing her to the ground. After releasing his grip, Cross threw an inhaler at Himes, then proceeded to throw Himes on an air mattress and continued to choke her. In response to the yelling and noise, the neighbors yelled from their apartment that they were calling the police. Cross then let go of Himes and walked out the apartment door. Himes attempted to follow him out the door, but he pushed her back inside the apartment. Shortly thereafter, Himes called the police. Subsequently, the police and an ambulance arrived at Himes' apartment. 2

The State charged Cross with Domestic Battery as a Class A misdemeanor. After a bench trial on August 24, 2006, Cross was found guilty as charged. The trial court sentenced Cross to the Howard County Jail for one year, with six months suspended to probation. Cross now appeals. Discussion and Decision Cross contends that there is insufficient evidence to support his conviction for domestic battery. The standard of review when considering the sufficiency of evidence is well settled. We will not reweigh the evidence or judge the credibility of the witnesses. Battle v. State, 818 N.E.2d 56, 58 (Ind. Ct. App. 2004). Rather, we look to the evidence most favorable to the verdict and the reasonable inferences to be drawn therefrom. Id. We will affirm the conviction if there is probative evidence from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. Id. To convict Cross of Domestic Battery as a Class A misdemeanor under Indiana Code Section 35-42-3-1.3, the State was required to show that Cross: (1) knowingly or intentionally touched Himes, (2) in a rude, insolent, or angry manner, (3) causing bodily injury. The State also was required to show that Himes was a spouse, was living as if a spouse, or has a child in common with Cross. I.C.

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