C.L. v. State of Indiana

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:
JERRY T. DROOK GREGORY F. ZOELLER
Public Defender’s Office Attorney General of Indiana
Marion, Indiana
JODI KATHRYN STEIN
Deputy Attorney General
FILED
Indianapolis, Indiana
Oct 31 2012, 9:35 am
IN THE
COURT OF APPEALS OF INDIANA CLERK
of the supreme court,
court of appeals and
tax court
C.L., )
)
Appellant-Respondent, )
)
vs. ) No. 27A02-1203-JV-232
)
STATE OF INDIANA, )
)
Appellee-Petitioner. )
APPEAL FROM THE GRANT SUPERIOR COURT
The Honorable Dana J. Kenworthy, Judge Pro Tempore
The Honorable Brian McLane, Magistrate
Cause No. 27D02-1201-JD-3
October 31, 2012
MEMORANDUM DECISION - NOT FOR PUBLICATION
MAY, Judge
C.L. appeals the finding he committed an act that would be Class C felony battery if
committed by an adult.1 As there was sufficient evidence to support his adjudication as a
delinquent, we affirm.
FACTS AND PROCEDURAL HISTORY
On January 2, 2012, James Johnson arrived at the residence of Stephanie Horton, her
husband, Tyrone Bloomfield, and her son, C.L. When Johnson arrived, Horton asked him if
he had any money. Bloomfield then struck Johnson in the back of the head with a piece of
metal and knocked him unconscious. When Johnson regained consciousness, C.L. was
standing above him and punching him in the face repeatedly. C.L. continued to punch
Johnson’s face as Johnson left. Horton took Johnson to his house, where his niece called
911. The responding officer found Johnson face down and unconscious. Paramedics were
able to revive Johnson with smelling salts, at which time Johnson identified C.L. and
Bloomfield as his attackers. The police then arrested Bloomfield and C.L. Johnson no
longer had money in his possession.
The State alleged C.L. was a delinquent for committing an act that would be Class C
felony battery if committed by an adult. After a fact-finding hearing, the juvenile court found
C.L. had committed the act, adjudicated him a delinquent, and placed him in the wardship of
the Department of Correction.
1
Ind. Code § 35-42-2-1(a)(3).
2
DISCUSSION AND DECISION
C.L. challenges the sufficiency of the evidence supporting his adjudication. When the
State seeks to have a juvenile adjudicated a delinquent for committing an act that would be a
crime if committed by an adult, the State must prove every element of that crime beyond a
reasonable doubt. A.E.B v. State, 756 N.E.2d 536, 540 (Ind. Ct. App. 2001). When
reviewing the sufficiency of the evidence supporting a juvenile adjudication, we neither
reweigh the evidence nor judge the credibility of the witnesses. Id. We consider only “the
evidence of probative value and the reasonable inferences that support the determination.”
Id.The State had to prove C.L. touched Johnson in a rude, insolent, or angry manner that
resulted in serious bodily injury. Ind. Code § 35-42-2-1(a)(3). Serious bodily injury is
“bodily injury that creates a substantial risk of death or that causes: (1) serious permanent
disfigurement; (2) unconsciousness; (3) extreme pain; (4) permanent or protracted loss or
impairment of the function of a bodily member or organ; or (5) loss of a fetus.” Ind. Code §
35-31.5-2-292. C.L. hit Johnson in the face multiple times with his fists, and Johnson
suffered a fractured facial bone, a broken nose, and a broken tooth. Johnson testified the
injuries caused him extreme pain. That was ample evidence C.L. committed an act that
would be Class C felony battery if committed by an adult. See Sutton v. State, 714 N.E.2d
694, 696-97 (Ind. Ct. App. 1999) (victim sustained “serious bodily injury” when Sutton
struck her with an open hand twice, resulting in soft tissue damage to her face, prolonged
3
pain, and multiple contusions), reh’g denied. Accordingly, we affirm his adjudication as a
delinquent.
Affirmed.
NAJAM, J., and KIRSCH, J., concur.
4