MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), Aug 25 2015, 9:26 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
Ellen M. O’Connor Gregory F. Zoeller
Marion County Public Defender Agency Attorney General of Indiana
Indianapolis, Indiana
Richard C. Webster
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Jose Urbano, August 25, 2015
Appellant-Defendant, Court of Appeals Case No.
49A05-1502-CR-45
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Anne Flannelly,
Appellee-Plaintiff Magistrate
Trial Court Cause No.
49G04-1404-FB-019123
Bailey, Judge.
Court of Appeals of Indiana | Memorandum Decision 49A05-1502-CR-45 | August 25, 2015 Page 1 of 5
Case Summary
[1] Jose Urbano (“Urbano”) appeals his conviction for Criminal Confinement, as a
Class D felony. 1 He presents the sole issue of whether sufficient evidence
supports the conviction. We affirm.
Facts and Procedural History
[2] In the spring of 2014, Jennifer Hernandez (“Hernandez”) ended her dating
relationship with Urbano. On April 11, 2014, Hernandez returned to her
apartment to find Urbano waiting for her. He was insistent that they should
talk about resuming their relationship. They talked for a while, and Hernandez
repeatedly told Urbano that the relationship would not be rekindled. She told
Urbano to leave, but he would not do so.
[3] Hernandez told Urbano that she would leave the apartment if he would not. In
response, Urbano informed Hernandez that he would not let her leave. He
stood by the door and grabbed Hernandez as she attempted to leave. Urbano
pushed her back onto the sofa and took away her cell phone and keys. When
Hernandez was able to reach her bedroom and lock herself in, Urbano retrieved
1
Ind. Code § 35-42-3-3. This offense is now a Level 6 felony. We refer to the version of the statute in effect
at the time of Urbano’s crime. He does not challenge his conviction for Domestic Battery, as a Class A
misdemeanor. I.C. § 35-42-2-1.3.
Court of Appeals of Indiana | Memorandum Decision 49A05-1502-CR-45 | August 25, 2015 Page 2 of 5
a knife from the kitchen and pried the door open. He kept watch over
Hernandez and she was not allowed to leave her apartment for fifteen hours.
[4] Eventually, a maintenance worker arrived to repair a water leak and Urbano
agreed that he could come in. However, he cautioned Hernandez against
saying anything. When the door opened, Hernandez ran out. She obtained an
emergency key from underneath her car and escaped to a friend’s house. There,
she summoned police.
[5] Urbano was charged with Criminal Confinement as a Class B felony, and with
Domestic Battery, as a Class A misdemeanor. At the conclusion of a bench
trial, he was convicted of the lesser-included offense of Criminal Confinement,
as a Class D felony, and Domestic Battery, as charged. He received a sentence
of 545 days for the felony conviction, and one year for the misdemeanor
conviction, to be served concurrently. This appeal ensued.
Discussion and Decision
[6] Indiana Code Section 35-42-3-3 provides that a person who knowingly or
intentionally confines another person without the other person’s consent
commits criminal confinement. Urbano argues that the evidence is insufficient
to establish beyond a reasonable doubt that he confined Hernandez. He points
to Hernandez’s testimony that she was able to do certain things such as take a
shower or lie down to sleep.
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[7] The standard by which we review alleged insufficiency of the evidence to
support a criminal conviction is well-settled. It is the fact-finder’s role, not that
of appellate courts, to assess witness credibility and weigh the evidence to
determine whether the evidence in a particular case sufficiently proves each
element of an offense. Wright v. State, 828 N.E.2d 904, 906 (Ind. 2005). To
preserve this structure, when appellate courts are confronted with conflicting
evidence, they must consider it “most favorably to the trial court’s ruling.” Id.
Appellate courts affirm the conviction unless “no reasonable fact-finder could
find the elements of the crime proven beyond a reasonable doubt.” Jenkins v.
State, 726 N.E.2d 268, 270 (Ind. 2000) (emphasis added).
[8] The evidence most favorable to the verdict is that Urbano refused to permit
Hernandez to leave her apartment for a fifteen-hour period of time. When
Hernandez first expressed her desire to leave, Urbano grabbed her arms and
pushed her back onto the sofa. Hernandez made repeated attempts to get to the
door, but Urbano responded by blocking her path. Hernandez attempted to
scream, but Urbano covered her mouth to stifle the screams. Urbano took
possession of Hernandez’s cell phone. When Hernandez was able to retrieve
the phone and attempt to use it, Urbano would grab her hand and prevent her
communication. Eventually, Hernandez was able to get inside her bedroom
and lock the door. As she tried to escape out a bedroom window, she saw
Urbano enter the room. He had gained entry by prying into the door lock with
a knife. Urbano ordered Hernandez to go back to the living room, which she
did. If Hernandez moved from one room to another, Urbano followed her.
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Hernandez eventually escaped under the pretext that she was merely allowing a
maintenance worker into the apartment.
[9] From this evidence, a reasonable fact-finder could conclude beyond a
reasonable doubt that Urbano knowingly or intentionally confined Hernandez
without her consent.
Conclusion
[10] The evidence is sufficient to permit the trial court as fact-finder to conclude
beyond a reasonable doubt that Urbano committed Criminal Confinement.
[11] Affirmed.
[12] Baker, J., and Mathias, J., concur.
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