Rolando Marquice Calhoun v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Jun 12 2019, 5:25 am
regarded as precedent or cited before any CLERK
court except for the purpose of establishing Indiana Supreme Court
Court of Appeals
the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Michael C. Borschel Curtis T. Hill, Jr.
Indianapolis, Indiana Attorney General of Indiana
Erik J. Bryant
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Rolando Marquice Calhoun, June 12, 2019
Appellant-Defendant, Court of Appeals Case No.
18A-CR-2044
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Steven J. Rubick,
Appellee-Plaintiff. Magistrate
Trial Court Cause No.
49G01-1709-F5-35385
Pyle, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2044 | June 12, 2019 Page 1 of 3
Statement of the Case
[1] Rolando Calhoun (“Calhoun”) appeals the following convictions: (a) domestic
battery resulting in bodily injury to a pregnant woman, a level 5 felony;1 (b)
strangulation, a level 5 felony;2 (c) intimidation, a level 5 felony;3 (d) pointing a
firearm, a level 6 felony;4 kidnapping, a level 6 felony;5 and domestic battery, a
level 6 felony.6 Due to Calhoun’s death, we dismiss his appeal.
[2] We dismiss.
Facts
[3] On September 14, 2017, police responded to a 9-1-1 call concerning an incident
at the home of Calhoun and his wife, Ayobami Calhoun (“Ayo”). After
speaking with Ayo regarding the events precipitating the 9-1-1 call, the officers
arrested Calhoun as he was trying to flee through the garage. On September 18,
2017, the State charged Calhoun with several counts.
[4] Following a bench trial on July 11, 2018, the trial court convicted Calhoun of
six counts: (a) domestic battery resulting in bodily injury to a pregnant woman,
1
IND. CODE §§ 35-42-2-1.3(a)(1) and (3).
2
I. C. §§ 35-42-2-9(b) and (c).
3
I. C. §§ 35-45-2-1(a)(2) and (b)(2)(A).
4
I. C. § 35-47-4-3(b).
5
I. C. § 35-45-3-2(a).
6
I. C. §§ 35-42-2-1.3(a)(1) and (b)(1).
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2044 | June 12, 2019 Page 2 of 3
a level 5 felony; (b) strangulation, a level 5 felony; (c) intimidation, a level 5
felony; (d) pointing a firearm, a level 6 felony; kidnapping, a level 6 felony; and
domestic battery, a level 6 felony. The trial court sentenced Calhoun to an
aggregate term of three years with all but time served suspended to probation.
(Tr. 75). Calhoun subsequently appealed all six of his convictions, challenging
the sufficiency of the evidence.
Decision
[5] Pursuant to INDIANA RULE OF EVIDENCE 201(a)(2)(C), we may judicially
notice “the existence of … records of a court of this state.” Accordingly, we
take judicial notice of the existence of records in the related case between
Calhoun and Ayo in Hendricks Superior Court 1 under the cause number
32D01-1809-DC-000524. Specifically, we note the existence of an order dated
February 6, 2019, dismissing Ayo’s marriage dissolution petition due to
Calhoun’s death. Likewise, we dismiss the present appeal due to Calhoun’s
death. See IND. APP. RULE 17 (“The death of the appellant abates a criminal
appeal.”).
[6] Dismissed.
Najam, J., and Altice, J., concur.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2044 | June 12, 2019 Page 3 of 3