MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Sep 29 2016, 9:01 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
Barbara J. Simmons Gregory F. Zoeller
Oldenburg, Indiana Attorney General of Indiana
Caryn N. Szyper
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Vakea Johnson, September 29, 2016
Appellant-Defendant, Court of Appeals Case No.
49A02-1602-CR-337
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Linda E. Brown,
Appellee-Plaintiff. Judge
Trial Court Cause No.
49G10-1407-CM-36595
Robb, Judge.
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Case Summary and Issue
[1] Following a bench trial, Vakea Johnson was convicted of Class A misdemeanor
battery. Johnson appeals, raising the sole issue of whether the evidence is
sufficient to support her conviction. Concluding the evidence is sufficient, we
affirm.
Facts and Procedural History
[2] The facts most favorable to the verdict reveal Johnson and Amelia Knight both
worked at an Indianapolis daycare. On July 9, 2014, the daycare manager
unexpectedly called Knight on her day off to arrange a meeting. When Knight
arrived at the daycare, there were around six or seven people waiting in the
conference room, including Johnson, Johnson’s mother Ms. Starks, and
Johnson’s sister Kiesha Johnson. The manager called the meeting to
investigate an incident involving Knight and Johnson’s nephew, a child cared
for by the daycare. Knight allegedly grabbed Johnson’s nephew’s arm and
scratched him. During the meeting, Starks became irritated and struck Knight,
knocking her to the ground. Knight testified she tried to stand up, but Johnson
hit her face with a “[c]losed fist” and then “fist[s] start[ed] flying everywhere.”
Transcript at 15. During the fight, Knight sustained bruises and scratches to her
head, neck, and chest. Shortly thereafter, Officer Christopher Cooper of the
Indianapolis Metropolitan Police Department arrived at the daycare. By this
time, Johnson had left and only Knight, Starks, and the daycare manager
remained.
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[3] The State charged Johnson with battery resulting in bodily injury, a Class A
misdemeanor.1 At trial, Johnson took the stand in her own defense and
testified she stayed home on July 9, 2014 and was never present at the daycare.
The trial court found Johnson guilty as charged and entered judgment of
conviction. The trial court sentenced Johnson to 365 days; ordering Johnson to
serve 180 days in home detention, suspending 183 days to probation, and
awarding Johnson two days of credit time. The trial court also ordered
Johnson to attend an anger management course and complete twenty-four
hours of community service. Johnson now appeals.
Discussion and Decision
I. Standard of Review
[4] When reviewing the sufficiency of the evidence to support a conviction,
appellate courts are “markedly deferential to the outcome below.” Bowman v.
State, 51 N.E.3d 1174, 1181 (Ind. 2016). We will neither reweigh the evidence
nor re-examine witness credibility, and we “must consider only the probative
evidence and reasonable inferences supporting the verdict.” Drane v. State, 867
N.E.2d 144, 146 (Ind. 2007) (emphasis in original) (citation omitted). When
appellate courts are confronted with conflicting evidence, they must consider it
“most favorably to the trial court’s ruling.” Id. (citation omitted). Appellate
1
The State also filed charges against Starks; however, those charges were dismissed.
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courts will 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).
II. Sufficiency of the Evidence
[5] To convict Johnson of battery, the State was required to prove she knowingly or
intentionally touched Knight in a “rude, insolent, or angry manner.” Ind. Code
§ 35-42-2-1(b)(1) (2014). The offense is a Class A misdemeanor if it results in
bodily injury to another person. Ind. Code § 35-42-2-1(c) (2014). “‘Bodily
injury’ means any impairment of physical condition, including physical pain.”
Ind. Code § 35-31.5-2-29. At trial, Knight testified Johnson struck her face with
her fist. She also testified she sustained several injuries to her face, neck, and
chest, and that those injuries caused her pain. Although Johnson denied she
was present at the daycare on July 9, 2014, the trial court clearly did not find
her credible.
[6] Johnson argues her testimony denying her presence at the daycare center
creates reasonable doubt about her guilt. Johnson essentially asks that we
assess witness credibility and reweigh the evidence in her favor, which is the
role of the fact-finder, not the role of this court. Wright v. State, 828 N.E.2d 904,
906 (Ind. 2005). The trial court specifically stated, “[t]his case comes down to
witness credibility. I find that the State has met its burden beyond a reasonable
doubt.” Tr. at 39. Further, Knight’s testimony constituted sufficient evidence
to support Johnson’s conviction. See Lay v. State, 933 N.E.2d 38, 42 (Ind. Ct.
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App. 2010) (noting a conviction may be sustained by the uncorroborated
testimony of a single witness or victim), trans. denied. Accordingly, we find no
reason to disturb Johnson’s conviction.
Conclusion
[7] The evidence presented at trial is sufficient to support Johnson’s conviction.
We therefore affirm.
[8] Affirmed.
Mathias, J., and Brown, J., concur.
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