Jourdan Anthony Davis v. State of Indiana (mem. dec.) ( 2018 )

MEMORANDUM DECISION FILED
Pursuant to Ind. Appellate Rule 65(D), Jan 24 2018, 6:57 am
this Memorandum Decision shall not be CLERK
Indiana Supreme Court
regarded as precedent or cited before any Court of Appeals
and Tax Court
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Victoria L. Bailey Curtis T. Hill, Jr.
Indianapolis, Indiana Attorney General of Indiana
Christina D. Pace
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Jourdan Anthony Davis, January 24, 2018
Appellant-Defendant, Court of Appeals Case No.
49A04-1706-CR-1293
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Angela Dow
Appellee-Plaintiff Davis, Judge
Trial Court Cause No.
49G16-1607-F6-27191
Altice, Judge.
Case Summary
Court of Appeals of Indiana | Memorandum Decision 49A04-1706-CR-1293 | January 24, 2018 Page 1 of 4
[1] Following a bench trial, Jourdan Davis was convicted of two counts of Level 6
felony possession of a narcotic drug, one count of Level 6 felony possession of
cocaine, and one count of Class B misdemeanor disorderly conduct. On
appeal, Davis argues that the State presented insufficient evidence to support
his disorderly conduct conviction, a point which the State concedes.
[2] We reverse in part and remand with instructions to vacate Davis’s disorderly
conduct conviction.
Facts & Procedural History
[3] On June 15, 2016, Officer Gregory Shue of the Indianapolis Metropolitan
Police Department responded to a call concerning a disturbance at a local
motel. Upon his arrival, Officer Shue encountered Davis and Tiarra Cole in the
parking lot. Davis was very agitated and screaming at Cole, and when he saw
Officer Shue’s police car, he quickly walked away. Davis was detained and
ultimately found to be in possession of heroin, fentanyl, and cocaine. Although
there was testimony that Davis continued to shout at Cole throughout the
encounter, no evidence was presented that he was ever told to be quiet.
[4] As a result of these events, Davis was charged with two counts of Level 6 felony
possession of a narcotic drug, one count of Level 6 felony possession of
cocaine, and one count of Class B misdemeanor disorderly conduct. 1
1
Davis was also charged with Class A misdemeanor domestic battery and Class A misdemeanor battery, but
these charges were dismissed during trial.
Court of Appeals of Indiana | Memorandum Decision 49A04-1706-CR-1293 | January 24, 2018 Page 2 of 4
Following a bench trial, Davis was found guilty as charged. Davis was
sentenced to 365 days on each Level 6 felony conviction and 60 days on the
Class B misdemeanor conviction, with all sentences to be served concurrently.
Davis now appeals.
Discussion & Decision
[5] On appeal, Davis challenges the sufficiency of the evidence supporting his
disorderly conduct conviction only. In reviewing a challenge to the sufficiency
of the evidence, we neither reweigh the evidence nor judge the credibility of
witnesses. Atteberry v. State, 911 N.E.2d 601, 609 (Ind. Ct. App. 2009). Instead,
we consider only the evidence supporting the conviction and the reasonable
inferences flowing therefrom. Id. If there is substantial evidence of probative
value from which a reasonable trier of fact could have drawn the conclusion
that the defendant was guilty of the crime charged beyond a reasonable doubt,
the judgment will not be disturbed. Baumgartner v. State, 891 N.E.2d 1131, 1137
(Ind. Ct. App. 2008).
[6] In order to support Davis’s conviction for Class B misdemeanor disorderly
conduct, the State was required to prove that Davis recklessly, knowingly, or
intentionally made unreasonable noise and continued to do so after being asked
to stop. See Ind. Code § 35-45-1-3(a)(2); Martin v. State, 499 N.E.2d 273, 275
(Ind. Ct. App. 1986) (explaining that “[t]o convict for disorderly conduct, the
trier of fact must find that there was unreasonable noise, followed by an
admonition to stop, which was in turn followed by more unreasonable noise”).
Court of Appeals of Indiana | Memorandum Decision 49A04-1706-CR-1293 | January 24, 2018 Page 3 of 4
[7] Davis does not dispute that he made unreasonable noise, but he argues that no
evidence was presented to establish that Officer Shue or anyone else ever told
him to stop. The State concedes as much and agrees that Davis’s disorderly
conduct conviction must be reversed. Accordingly, we reverse and remand
with instructions to vacate Davis’s disorderly conduct conviction and the
sentence imposed thereon. Because the trial court imposed concurrent
sentences, Davis’s aggregate sentence will not be affected.
[8] Judgment reversed in part and remanded with instructions.
May, J. and Vaidik, C.J., concur.
Court of Appeals of Indiana | Memorandum Decision 49A04-1706-CR-1293 | January 24, 2018 Page 4 of 4