Phyllis Allen v. State of Indiana ( 2012 )

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: ATTORNEYS FOR APPELLEE:
JOHN ANDREW GOODRIDGE GREGORY F. ZOELLER
Evansville, Indiana Attorney General of Indiana
RICHARD C. WEBSTER
FILED
Deputy Attorney General
Indianapolis, Indiana
Dec 11 2012, 9:19 am
IN THE CLERK
of the supreme court,
COURT OF APPEALS OF INDIANA court of appeals and
tax court
PHYLLIS ALLEN, )
)
Appellant-Defendant, )
)
vs. ) No. 82A04-1205-CR-263
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
APPEAL FROM THE VANDERBURGH SUPERIOR COURT
The Honorable Terrell R. Maurer, Magistrate
Cause No. 82D05-1108-CM-4363
December 11, 2012
MEMORANDUM DECISION - NOT FOR PUBLICATION
KIRSCH, Judge
Phyllis Allen appeals her conviction of Battery as a Class A misdemeanor,1
contending that the evidence was not sufficient to support her conviction. We affirm.
Our standard of review of a challenge to the sufficiency of the evidence is well-
established: We will not re-weigh the evidence or judge the credibility of the witnesses
and will consider only the probative evidence and the reasonable inferences to be drawn
therefrom that support the verdict. See McHenry v. State, 820 N.E.2d 124, 126 (Ind.
2005). Here, the victim testified that on July 27, 2011, the Defendant and Landa Ray
engaged in an argument from their respective cars when Ray’s attempt to vacate a
parking space was blocked by Defendant’s vehicle. The argument continued and both
parties exited their cars and engaged each other face-to-face. During this confrontation,
the Defendant intentionally struck Ray in the arm causing bruising from the middle of
Ray’s arm to her upper arm.
Indiana Code § 35-42-2-1 provides that “A person who knowingly or intentionally
touches another in a rude, insolent, or angry matter commits battery” and that the offense
is a Class A misdemeanor if “it results in bodily injury to another person . . . .” Bruises
are sufficient to establish bodily injury. See Kazmier v. State, 863 N.E.2d 912, 914 (Ind.
Ct. App. 2007). Viewed consistently with our standard of review, the evidence is clearly
sufficient to support the conviction.
Affirmed.
MATHIAS, J., and CRONE, J., concur.
1
I.C. 35-42-2-1(a)(1)(A).
2