J v. v. State of Indiana (mem. dec.) ( 2015 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this Apr 15 2015, 9:19 am
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 ATTORNEYS FOR APPELLEE
Corey L. Scott Gregory F. Zoeller
Indianapolis, Indiana Attorney General of Indiana
Chandra K. Hein
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
J.V., April 15, 2015
Appellant-Defendant, Court of Appeals Case No.
49A05-1409-JV-421
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Marilyn A. Moores,
Judge
Appellee-Plaintiff
The Honorable Scott Stowers,
Magistrate
Case No. 49D09-1310-JD-3129
Crone, Judge.
Case Summary
[1] J.V. appeals her adjudication as a juvenile delinquent for committing an act that
would be a class A misdemeanor battery if committed by an adult. She asserts
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that there is insufficient evidence that she participated in the battery of the
victim. Finding that the evidence is sufficient, we affirm.
[2] In reviewing the sufficiency of the evidence with respect to juvenile
adjudications, we consider only the evidence and reasonable inferences arising
therefrom supporting the adjudication without reweighing the evidence or
judging witness credibility. D.W. v. State, 903 N.E.2d 966, 968 (Ind. Ct. App.
2009), trans. denied. We will affirm the adjudication if there is substantial
evidence of probative value such that a reasonable trier of fact could have
concluded that the juvenile was guilty beyond a reasonable doubt. Id.[3] To sustain J.V.’s delinquency adjudication for committing class A
misdemeanor battery, the State was required to prove beyond a reasonable
doubt that she knowingly or intentionally touched Berta Morales in a rude,
insolent, or angry manner that resulted in bodily injury. Ind. Code § 35-42-2-1;
Appellant’s App. at 16.
[4] At J.V.’s delinquency hearing, Morales testified that J.V.’s mother, Monica
Milan, knocked on her door. Morales’s daughter Cynthia informed Morales
that someone was at the door. Morales went to the door, and Milan grabbed
her by the hair and threw her on the ground. Milan’s daughters, J.V. and
Kimberly, were there, and they also attacked Morales. Morales testified that
“J.V. was there with her mother hitting me too.” Tr. at 17; see also id. at 18(“[J.V.] also came up to hit me,” and “[J.V.] was hitting me.”). As a result of
the battery, Morales sustained a swollen lip and forehead and experienced pain
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in her head. Cynthia testified that “they were all three attacking my mom.” Id.
at 25. When asked specifically what J.V. was doing, Cynthia replied, “I
believe, probably kicking her, I guess.” Id. Cynthia also testified that she saw
J.V. “[i]n the fight hitting my mother.” Id. at 31. This is sufficient evidence to
establish that J.V. knowingly or intentionally touched Morales in a rude, angry,
or insolent manner that resulted in bodily injury. J.V.’s argument is merely a
request to reweigh the evidence and judge witness credibility, which we must
decline. Accordingly, we affirm J.V.’s juvenile delinquency adjudication.
[5] Affirmed.
Brown, J., and Pyle, J., concur.
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