William McNeal v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
Nov 10 2015, 9:38 am
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
Ellen F. Hurley Gregory F. Zoeller
Indianapolis, Indiana Attorney General of Indiana
Karl Scharnberg
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
William McNeal, November 10, 2015
Appellant-Defendant, Court of Appeals Case No.
49A02-1503-CR-130
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable William J. Nelson,
Appellee-Plaintiff Judge, and the Honorable Shannon
L. Logsdon, Commissioner
Trial Court Cause No.
49F18-1403-FD-12074
Mathias, Judge.
[1]   Following a jury trial in Marion Superior Court, William McNeal (“McNeal”)
was convicted for Class D felony resisting law enforcement and Class B
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misdemeanor unauthorized entry of a motor vehicle. He was ordered to serve
545 days on home detention with 185 days suspended to probation. On appeal,
McNeal argues that the State failed to present sufficient evidence to support his
conviction for resisting law enforcement.
[2]   We affirm.
Facts and Procedural History
[3]   Late in the evening on March 8, 2014, Brandon Jones (“Jones”) returned to a
friend’s house after he purchased some groceries. He left his 2001 blue
Chevrolet Monte Carlo running in the alley as he transported the groceries from
the car into the house. As he walked into the house, he heard the sound of
squealing tires and immediately ran outside only to see his car speeding away.
Jones called 911 and reported his car stolen.
[4]   Officer Daniel Brezik (“Officer Brezik”) of the Indianapolis Metropolitan Police
Department (“IMPD”) was dispatched to the location where Jones’s car was
stolen around 8:40 p.m. After taking a statement from Jones and getting a better
description of the car, Officer Brezik broadcasted the car’s description over his
police radio.
[5]   Around 9:00 p.m., IMPD Officer Michael Leepper (“Officer Leepper”), was
just starting his shift nearby when he heard Officer Brezik’s broadcast about the
stolen vehicle. About one hour later, while on patrol, Officer Leepper was at the
intersection of Michigan Street and Linwood Avenue heading south when he
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noticed a blue Monte Carlo stopped at a traffic light. He drove past the car and
confirmed that the license plate matched the one from Jones’s stolen vehicle.
Officer Leepper then turned around to initiate a traffic stop and activated his
emergency lights. He also requested back-up assistance.
[6]   McNeal, who was driving the car, turned onto Michigan, a one-way street,
going the wrong direction but quickly stopped after turning into a parking lot.
Officer Leepper pulled up behind him, stepped out of his vehicle, and began to
approach the car. As Officer Leepper approached, McNeal drove away and
turned back onto Linwood Avenue. Officer Leepper indicated on his radio that
McNeal had fled. McNeal stopped the car shortly after several more police cars
pulled behind him with their lights and sirens activated.
[7]   The State charged McNeal with Class D felony auto theft, Class D felony
resisting law enforcement, and Class B misdemeanor unauthorized entry of a
motor vehicle. After a jury trial on January 22, 2015, McNeal was convicted on
all charges except Class D felony auto theft. At the February 4, 2015 sentencing
hearing, the trial court ordered him to serve an aggregate sentence of 545 days
executed on home detention and 185 days suspended to probation. McNeal
now appeals.
Discussion and Decision
[8]   McNeal argues that his conviction was not supported by sufficient evidence.
“Upon a challenge to the sufficiency of evidence to support a conviction, a
reviewing court does not reweigh the evidence or judge the credibility of
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witnesses, and respects the jury’s exclusive province to weigh conflicting
evidence. Montgomery v. State, 878 N.E.2d 262, 265 (Ind. Ct. App. 2007)
(quoting McHenry v. State, 820 N.E.2d 124, 126 (Ind. 2005)). We consider only
probative evidence and reasonable inferences supporting the verdict. Id. We
must affirm if the probative evidence and reasonable inferences drawn from the
evidence could have allowed a reasonable trier of fact to find the defendant
guilty beyond a reasonable doubt. Id.[9]   The State was required to prove beyond a reasonable doubt that McNeal:
[k]nowingly or intentionally fle[d] from a law enforcement officer
after the officer ha[d], by visible or audible means, including
operation of the law enforcement officer’s siren or emergency
lights, identified himself or herself and ordered [him] to stop.
Ind. Code § 35-44.1-3-1(1)(a)(3). This is a Class D felony if the person
uses a vehicle to commit the offense. Ind. Code § 35-44.1-3-
1(1)(a)(3)(b)(1)(A).
[10]   McNeal disputes that he fled from law enforcement. He contends that he did
not see Officer Leepper’s emergency lights, that he did not know he was being
ordered to stop, and that he stopped after he saw the other police cars with their
lights and sirens activated.
[11]   At trial, Officer Leepper testified that he pulled behind McNeal with his
emergency lights activated. After driving down the wrong way of a one-way
street, McNeal pulled into a parking lot and stopped. As Officer Leepper
approached the vehicle on foot, McNeal drove away and was apprehended
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shortly thereafter by a couple of back-up officers that Officer Leepper had
requested when he identified the vehicle as stolen. Based on this evidence, it
was reasonable for a jury to conclude that McNeal knowingly fled from Officer
Leepper in a vehicle.
[12]   The jury has the discretion to weigh Officer Leepper’s credibility against
McNeal’s’ credibility. We must respect this discretion. See McHenry, 820 N.E.2d
at 126. We therefore conclude that the State presented sufficient evidence to
support McNeal’s conviction and we affirm his Class D felony resisting law
enforcement conviction.
[13]   Affirmed.
Baker, J., and Bailey, J., concur.
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