MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
FILED
this Memorandum Decision shall not be
regarded as precedent or cited before any May 04 2018, 9:05 am
court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Rory Gallagher Curtis T. Hill, Jr.
Marion County Public Defender Attorney General of Indiana
Indianapolis, Indiana
Angela N. Sanchez
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Brian Bassett, May 4, 2018
Appellant-Defendant, Court of Appeals Case No.
49A02-1710-CR-2212
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Anne Flannelly,
Appellee-Plaintiff Magistrate
Trial Court Cause No.
49G07-1705-CM-18827
May, Judge.
Court of Appeals of Indiana | Memorandum Decision 49A02-1710-CR-2212 | May 4, 2018 Page 1 of 5
[1] Brian Bassett appeals his conviction of Class B misdemeanor public
intoxication. 1 He argues the State did not present sufficient evidence to prove
he harassed, annoyed, or alarmed someone as required by Indiana Code section
7.1-5-1-3(a)(4) (2012) and, thus, the evidence is insufficient to support his
conviction. We affirm.
Facts and Procedural History
[2] On the late evening of May 20, 2017, Officer Jamal Abdullah responded to a
911 call that a person had “been standing there having trouble standing,
stumbling for over two hours.” (Tr. Vol. II at 6.) Upon his arrival, Officer
Abdullah observed Bassett lying on the steps of a church. Officer Abdullah
woke Bassett and noticed Bassett had glassy eyes, his speech was slurred, his
breath smelled of alcohol, and he was unable to stand without assistance.
[3] Officer Abdullah asked Bassett for identification, and Bassett initially was
unable to remove his wallet from the back pocket of his pants. Upon
ascertaining Bassett’s identity, Officer Abdullah was “concerned about his
condition, his well-being,” (id. at 10), so Officer Abdullah requested a medic.
After the medic left, Officer Abdullah arrested Bassett.
[4] On May 21, 2017, the State charged Bassett with Class B misdemeanor public
intoxication and alleged Bassett was intoxicated in a public place and
1
Ind. Code § 7.1-5-1-3(a)(4) (2012).
Court of Appeals of Indiana | Memorandum Decision 49A02-1710-CR-2212 | May 4, 2018 Page 2 of 5
“harassed, annoyed or alarmed another person.” (App. Vol. II at 15.) On
August 16, 2017, the trial court held a bench trial. Officer Abdullah was the
only witness. After his testimony, the trial court asked the parties to prepare
briefs on the issues in the case.
[5] On September 6, 2017, the trial court found Bassett guilty as charged. On the
same day, the trial court sentenced Bassett to 180 days, with 4 days executed
and 176 days suspended to probation.
Discussion and Decision
[6] When reviewing sufficiency of the evidence in support of a conviction, we will
consider only probative evidence in the light most favorable to the trial court’s
judgment. Binkley v. State, 654 N.E.2d 736, 737 (Ind. 1995), reh’g denied. The
decision comes before us with a presumption of legitimacy, and we will not
substitute our judgment for that of the fact-finder. Id.
[7] We do not assess the credibility of the witnesses or reweigh the evidence in
determining whether the evidence is sufficient. Drane v. State, 867 N.E.2d 144,
146 (Ind. 2007). Reversal is appropriate only when no reasonable fact-finder
could find the elements of the crime proven beyond a reasonable doubt. Id.
Thus, the evidence is not required to overcome every reasonable hypothesis of
innocence and is sufficient if an inference reasonably may be drawn from it to
support the verdict. Id. at 147.
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[8] To prove Bassett committed Class B misdemeanor public intoxication, the State
had to present evidence Bassett was “in a public place or a place of public resort
in a state of intoxication” caused by his use of alcohol and he harassed,
annoyed, or alarmed another person. Ind. Code § 7.1-5-1-3(a)(4) (2012).
Bassett does not dispute he was intoxicated on alcohol in a public place.
Instead, he argues the State did not present evidence he harassed, annoyed, or
alarmed another person.
[9] During Bassett’s bench trial, Officer Abdullah answered, “Yes” when asked by
the State, “Sir, I don’t want to put any words in your mouth, but would it be
fair to categorize your concern over the Defendant as having been alarmed?”
(Tr. Vol. II at 11.) The State rested after that question, and Bassett did not cross
examine Officer Abdullah. Bassett contends the State was required to provide
additional evidence of Bassett’s alarming behavior. We disagree.
[10] In bench trials, we assume the judge knows and follows the applicable law.
Leggs v. State, 966 N.E.2d 204, 208 (Ind. Ct. App. 2012). Here, in addition to
Officer Abdullah’s affirmative answer to a question regarding whether he was
alarmed at Bassett’s condition, the State presented evidence Bassett was so
intoxicated that he was unable to stand or walk, was barely able to remove his
wallet from his pocket, and had slurred speech and glassy eyes. In response to
Bassett’s condition, Officer Abdullah immediately requested the assistance of a
medic to ensure Bassett’s safety. Bassett’s argument is an invitation for us to
reweigh the evidence and judge the credibility of witnesses, which we cannot
do. See Drane, 867 N.E.2d at 146 (appellate court cannot reweigh the evidence
Court of Appeals of Indiana | Memorandum Decision 49A02-1710-CR-2212 | May 4, 2018 Page 4 of 5
or judge the credibility of witnesses). While we agree the evidence is scarce, the
State presented testimony from which the trial court could infer Bassett’s guilt.
See Thang v. State, 10 N.E.3d 1256, 1260 (Ind. 2014) (evidence sufficient for
reasonable fact finder to infer Thang committed Class B misdemeanor public
intoxication).
Conclusion
[11] The State presented sufficient evidence Bassett was intoxicated in a public place
and alarmed another person, as required to prove Class B misdemeanor public
intoxication. Accordingly, we affirm.
[12] Affirmed.
Riley, J., and Mathias, J., concur.
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