ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE
Suzy St. John Curtis T. Hill, Jr.
Ruth Ann Johnson Attorney General of Indiana
Marion County Public Defender Agency
Indianapolis, IN Stephen R. Creason
Michael Gene Worden
Deputy Attorneys General
Indianapolis, Indiana
______________________________________________________________________________
In the FILED
Indiana Supreme Court
Oct 03 2017, 11:39 am
CLERK
Indiana Supreme Court
_________________________________ Court of Appeals
and Tax Court
No. 49S02-1707-CR-00500
JEFFERSON JEAN-BAPTISTE,
Appellant (Defendant below),
v.
STATE OF INDIANA,
Appellee (Plaintiff below).
_________________________________
Appeal from the Marion Superior Court, No. 49G19-1604-CM-12899
The Honorable Rebekah F. Pierson-Treacy, Judge
_________________________________
On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1608-CR-1798
_________________________________
October 3, 2017
Per Curiam.
After a bench trial in Marion Superior Court, Jefferson Jean-Baptiste was convicted of
Class A misdemeanor resisting law enforcement. The Court of Appeals reversed Jean-Baptiste’s
conviction on grounds of insufficient evidence. The Court of Appeals also sua sponte addressed
a constitutional question, and reversed for that reason as well. We granted the State’s petition to
transfer by order dated July 27, 2017.
We agree with the Court of Appeals that reversal is warranted because the State failed to
present sufficient evidence to support Jean-Baptiste’s conviction. We therefore summarily affirm
all portions of the Court of Appeals opinion except its sua sponte constitutional analysis and
holding, which remain vacated. See Appellate Rule 58(A). In keeping with our longstanding
principle of constitutional avoidance, we decline to address that issue. See Citimortgage v.
Barabas, 975 N.E.2d 805, 818 (Ind. 2012).
All Justices concur.
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