Timothy L. Coats v. State of Indiana (mem. dec.) ( 2016 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), Feb 26 2016, 9:03 am
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 ATTORNEYS FOR APPELLEE
Thomas C. Allen Gregory F. Zoeller
Fort Wayne, Indiana Attorney General of Indiana
Richard C. Webster
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Timothy L. Coats, February 26, 2016
Appellant-Defendant, Court of Appeals Case No.
02A03-1510-CR-1657
v. Appeal from the Allen Superior
Court
State of Indiana, The Honorable Wendy W. Davis,
Appellee-Plaintiff Judge
Trial Court Cause No.
02D06-1505-F6-406
Baker, Judge.
Court of Appeals of Indiana | Memorandum Decision 02A03-1510-CR-1657 | February 26, 2016 Page 1 of 4
[1] Timothy Coats appeals his conviction for Resisting Law Enforcement, 1 a Level
6 Felony, arguing that there is insufficient evidence to support it. Finding the
evidence sufficient, we affirm.
Facts
[2] On May 1, 2015, Detective Strausborger of the Fort Wayne Police Department
observed Coats driving a tan Buick in excess of sixty miles per hour in a thirty
mile-per-hour zone. Detective Strausborger turned on his emergency lights and
siren and attempted to initiate a traffic stop. Coats accelerated away at a high
rate of speed and led Detective Strausborger on a high-speed chase for
approximately a mile. Coats eventually pulled into an alley where he and the
other occupants of the Buick jumped out and began to run while the car was
still in motion. Detective Strausborger witnessed Coats jump out of the driver’s
side of the car.
[3] On May 7, 2015, Coats was charged with Level 6 felony resisting law
enforcement. On August 19, 2015, a jury found him guilty as charged. The
trial court sentenced Coats to two years imprisonment in the Department of
Correction. Coats now appeals.
1
Ind. Code § 35-44.1-3-1.
Court of Appeals of Indiana | Memorandum Decision 02A03-1510-CR-1657 | February 26, 2016 Page 2 of 4
Discussion and Decision
[4] When reviewing a challenge to the sufficiency of the evidence we will neither
reweigh the evidence nor judge the credibility of the witnesses. Bailey v. State,
907 N.E.2d 1003, 1005 (Ind. 2009). We consider only the evidence most
favorable to the judgment and the reasonable inferences that can be drawn
therefrom. Id. We will affirm if there is substantial evidence of probative value
to allow a reasonable trier of fact to conclude that the defendant was guilty
beyond a reasonable doubt. Id.
[5] Indiana Code section 25-44.1-3-1 provides the following:
(a) A person who knowingly or intentionally:
***
(3) flees from a law enforcement officer after the officer
has, by visible or audible means, including
operation of the law enforcement officer’s siren or
emergency lights, identified himself or herself and
ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor . . . .
The offense is raised to a Level 6 felony if the person flees by vehicle. I.C. 35-
44.1-3-1(b).
[6] Coats argues that there is insufficient evidence from which a jury could have
determined that he was the driver of the Buick. We disagree. Detective
Strausborger testified that he was familiar with Coats from a previous
Court of Appeals of Indiana | Memorandum Decision 02A03-1510-CR-1657 | February 26, 2016 Page 3 of 4
investigation and that he personally witnessed Coats exit from the driver’s side
of the Buick following the pursuit. Tr. p. 135, 144-45. This testimony was
undoubtedly sufficient to allow a reasonable jury to conclude that Coats was
the driver of the vehicle and, consequently, guilty of resisting law enforcement.
[7] The judgment of the trial court is affirmed.
Bradford, J., and Pyle, J., concur.
Court of Appeals of Indiana | Memorandum Decision 02A03-1510-CR-1657 | February 26, 2016 Page 4 of 4