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08/27/87 MANZELL MCDONALD v. STATE INDIANA

Filed: August 27, 1987.

MANZELL MCDONALD, APPELLANT (DEFENDANT BELOW),
v.
STATE OF INDIANA, APPELLEE (PLAINTIFF BELOW)



APPEAL FROM THE FULTON COUNTY CIRCUIT COURT, The Honorable Douglas B. Morton, Judge, Cause No. S-85-44.

Pivarnik, J.; Shepard, C.j., Givan, and Dickson, JJ., concur. DeBruler, J., concurs in result without opinion.

Author: Pivarnik

PIVARNIK, J.

Defendant-Appellant, Manzell McDonald, was convicted by a Fulton County jury of Count I, criminal confinement, a class B felony; Count II, attempted battery with a deadly weapon, a class C felony; and Count IV, resisting law enforcement, a class D felony. The trial court found Count II was consumed by Count I, and sentenced Appellant to sixteen (16) years on Count I, and four (4) years on Count IV. In this direct appeal, Appellant raises the following issues:

1) insufficient evidence to support the criminal confinement conviction;

2) insufficient evidence to support the attempted battery conviction;

3) the confinement and attempted battery convictions are contradictory and inconsistent; and

4) error of the trial court in refusing to allow Appellant's brother to testify.

The facts related at trial are as follows. On August 14, 1985, Appellant was visiting at the home of his father, Joe McDonald. An argument broke out between Appellant and McDonald and the police were called.

Officer Paul Rayl was the first to arrive at the scene. McDonald told Rayl that Appellant was in the house with a knife. Rayl entered the house and found Appellant hiding in a closet. Rayl convinced Appellant to come out of the closet and the two continued to talk as they moved into the living room. Rayl was then informed by Sheriff McLochlin that there was an arrest warrant outstanding on Appellant relating to a review of his probation. At this moment, Appellant fled out the back door and into a nearby woods.

Later that day, the police were informed Appellant was hiding at an abandoned trailer home which had been his residence. Officer Rayl entered the trailer through a broken window because the doors were wired shut from the inside. Rayl found Appellant under a bed and asked him to come out. Appellant did not respond. Rayl then tried to open one of the trailer doors from the inside so other officers could assist him in arresting Appellant. Appellant jumped up and ran toward one of the broken windows. He was carrying a knife in his right hand. Rayl grabbed Appellant from behind when he tried to climb through the window.

The two struggled for a moment, and then fell backwards onto the floor. Appellant maneuvered himself so that he was on top of Rayl. Rayl was pinned on his back with Appellant sitting on Ray's chest. Appellant still had the knife in his hand and was waiving it over Rayl. Appellant then jumped up and fled through the window where he was apprehended by other officers.

I & II

First, Appellant challenges the sufficiency of the evidence supporting his convictions for criminal ...


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