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Basey v. State

Court of Appeals of Indiana

February 28, 2014

JOSHUA BASEY, 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 MADISON CIRCUIT COURT. The Honorable David A. Happe, Judge. Cause No. 48C04-1208-FB-1603.

ATTORNEY FOR APPELLANT: JILL M. ACKLIN, Acklin Law Office, LLC, Westfield, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; CHANDRA K. HEIN, Deputy Attorney General, Indianapolis, Indiana.

BARTEAU, Senior Judge. FRIEDLANDER, J., and CRONE, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BARTEAU, Senior Judge.

STATEMENT OF THE CASE

Joshua Basey appeals his convictions of attempted aggravated battery, a Class B felony, Ind. Code § § 35-41-5-1 (1977), 35-42-2-1.5 (1997); and criminal confinement resulting in bodily injury, a Class C felony, Ind. Code § 35-42-3-3(b) (2006). We affirm.

ISSUES

Basey raises three issues, which we consolidate and restate as:

I. Whether the evidence is sufficient to sustain his convictions.
II. Whether the court abused its discretion in ordering Basey to pay a public defender fee and court costs.

FACTS AND PROCEDURAL HISTORY

On August 23, 2012, Officer Nick Oldham of the Elwood Police Department was on patrol and saw a white sedan disregard a stop sign. Oldham activated his lights and siren to signal the sedan to pull over. Instead of stopping, the driver of the sedan, who was later identified as Basey, tried to get away, and a chase ensued. Oldham requested ...


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