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Hughes v. State

Court of Appeals of Indiana

February 28, 2014

EDDIE HUGHES, 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 M. Jones, Judge. Cause No. 49F08-1303-CM-19538.

ATTORNEY FOR APPELLANT: TIMOTHY J. BURNS, Indianapolis, Indiana.

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

NAJAM, Judge. BAKER, J., and CRONE, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge.

STATEMENT OF THE CASE

Eddie Hughes appeals his conviction for criminal trespass, as a Class A misdemeanor, following a bench trial. He presents a single issue for our review, namely, whether the State presented sufficient evidence to support his conviction. We affirm.

FACTS AND PROCEDURAL HISTORY

In October 2010, Hughes' mother, Yvonne, moved into a rental house in Marion County. Hughes was not living with Yvonne at that time, but he helped her move in. Yvonne listed Hughes as her son and a " possible occupant" when she signed the lease agreement. Transcript at 9. While Hughes has lived with friends since 2009, he lived with Yvonne for approximately two weeks in August 2012. After that time, Yvonne told Hughes that he was not welcome at her house anymore.

On March 23, 2013, Yvonne observed Hughes arguing with a woman while the two were standing in Yvonne's driveway. Yvonne approached Hughes and the woman and told them to leave the premises, and they complied. Yvonne called police to report the incident, but Hughes and the woman were gone by the time an officer with the City of Lawrence Police Department had responded. Yvonne told Officer Michael Sostre that she did not want Hughes on her property. Other responding officers then found Hughes walking through the neighborhood and told him to stay away from Yvonne's house. A short time later, Hughes returned to Yvonne's house and knocked on her front door. Yvonne called the police, and when officers arrived at her house, they arrested Hughes.

The State charged Hughes with criminal trespass, as a Class A misdemeanor. The trial court found him guilty as charged and entered judgment and ...


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