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Thompson v. State

Court of Appeals of Indiana

February 26, 2014

RITA THOMPSON, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Amy Jones, Judge. Cause No. 49F08-1205-FD-032595.

ATTORNEY FOR APPELLANT: TIMOTHY O'CONNOR, O'Connor & Auersch, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, RICHARD C. WEBSTER, Deputy Attorney General, Indianapolis, Indiana.

MATHIAS, Judge. BRADFORD, J., and PYLE, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

MATHIAS, Judge.

Rita Thompson (" Thompson" ) was convicted in Marion Superior Court of Class D felony resisting law enforcement and was found to be an habitual offender. Thompson appeals her conviction and argues that the evidence is insufficient to establish that she " knowingly or intentionally" fled from a law enforcement officer.

We affirm.

Facts and Procedural History

On May 15, 2012, Thompson arrived at her sister's home in Indianapolis. Family members observed that Thompson, who suffers from mental illness, had a " wild look" and was not acting right. Due to her past observations of Thompson, Thompson's sister believed that Thompson's symptoms were manifestations of her mental illness.

Because of Thompson's mental state, her family did not want her to drive. They called Thompson's mental health treatment provider, but the health provider told them to call 911. Indianapolis Metropolitan Police Officer Kari Pennington (" Officer Pennington" ) responded to the 911 dispatch and proceeded to Thompson's location.

Officer Pennington arrived at Thompson's sister's home, turned on her emergency lights and parked on the street near the driveway. She observed a group of five people standing outside near the house. A woman, who she later learned was Thompson, ran away from the group and got into a vehicle. Thompson pulled out of the driveway, drove around ...


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