Pursuant to Ind.Appellate Rule 65(D), Jul 19 2013, 6:30 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:
TIMOTHY J. BURNS GREGORY F. ZOELLER
Indianapolis, Indiana Attorney General of Indiana
J.T. WHITEHEAD
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
TERRENCE MORRIS, )
)
Appellant-Defendant, )
)
vs. ) No. 49A05-1301-CR-2
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Valerie C. Horvath, Commissioner
Cause No. 49G17-1211-CM-75571
July 19, 2013
MEMORANDUM DECISION - NOT FOR PUBLICATION
BAILEY, Judge
Case Summary
Terrence Morris (“Morris”) appeals his conviction for Battery, as a Class B
misdemeanor.1 He presents the sole issue of whether there is sufficient evidence to support
his conviction. We affirm.
Facts and Procedural History
On November 2, 2011, at around 4:30 p.m., Morris ran into the parking lot of
Homeless Re-Entry Helpers, where a group of about forty people were gathered awaiting the
opening of the doors and meal service. Morris was agitated and screaming, and tried to
provoke volunteer Charles Williams (“Williams”) into a fight. When Williams declined to
fight, Morris turned and twice struck Stephani Dishoungh (“Dishoungh”) with a closed fist.
The blows left a red mark on Dishoungh’s face. Several of the assembled individuals “ended
up fighting.” (Tr. 27.)
Morris was arrested and charged with Battery, as a Class A misdemeanor, and
Domestic Battery.2 The latter charge was dismissed and, at the conclusion of a bench trial,
Morris was convicted of Battery, as a Class B misdemeanor. He was sentenced to 180 days
imprisonment (with 110 days suspended to probation). He now appeals.
Discussion and Decision
Morris claims that the evidence is insufficient to support his conviction. More
specifically, he contends that his conviction should be reversed because the State presented
1
Ind. Code § 35-42-2-1. This statute has since been re-codified. We refer to the statute in effect at the time of
Morris’s offense.
2
I.C. § 35-42-2-1.3. This statute has since been re-codified. We refer to the statute in effect at the time of
Morris’s offense.
2
conflicting testimony from multiple witnesses who had been involved in a confusing melee.
To convict Morris of Battery, as a Class B misdemeanor, the State was required to
establish that Morris knowingly or intentionally touched Dishoungh in a rude, insolent, or
angry manner. I.C. § 35-42-2-1. When reviewing a claim of insufficiency of the evidence,
we do not reweigh the evidence or judge the credibility of the witnesses, but will consider
only the probative evidence and reasonable inferences supporting the judgment. Drane v.
State, 867 N.E.2d 144, 146 (Ind. 2007). We will affirm the conviction unless no reasonable
fact-finder could find the elements of the crime proven beyond a reasonable doubt. Id.
Williams testified that he saw Morris “punch” Dishoungh. (Tr. 5.) According to
Williams, Morris landed two blows with a closed fist. Candice Brooks also testified that she
witnessed Williams strike Dishoungh and that Dishoungh began to cry. At that juncture,
“everybody just basically jumped in a fight.” (Tr. 28.) Indianapolis Metropolitan Police
Officer Colin Anslow testified that, upon responding to the report of the incident at the
shelter, he observed redness on Dishoungh’s cheek. The State presented sufficient evidence
to establish beyond a reasonable doubt that Morris knowingly or intentionally touched
Dishoungh in a rude, insolent, or angry manner.
Affirmed.
NAJAM, J., and BARNES, J., concur.
3