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Curry v. State

Court of Appeals of Indiana

March 7, 2014

DEANGELO LAJUAN CURRY, 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 ALLEN SUPERIOR COURT. The Honorable Wendy W. Davis, Judge. Cause No. 02D04-1210-FD-1508.

ATTORNEY FOR APPELLANT: GREGORY L. FUMAROLO, Fort Wayne, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ANDREW FALK, Deputy Attorney General, Indianapolis, Indiana.

BROWN, Judge. ROBB, J., and BARNES, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge.

Deangelo Lajuan Curry appeals his convictions for possession of marijuana as a class D felony and resisting law enforcement as a class D felony. Curry raises two issues which we revise and restate as whether the evidence is sufficient to support his convictions. We affirm.

FACTS AND PROCEDURAL HISTORY

At approximately 11:30 p.m. on October 20, 2012, Fort Wayne Police Officer Craig Wise, who was wearing his police uniform, was on patrol in his marked police vehicle near Broadway Joe's bar. Officer Wise observed a vehicle with paper license plates drive slowly by his patrol vehicle and saw the two black male occupants glance over at him. He observed the vehicle stop and saw the driver exit the vehicle and walk toward the front door of the bar, and, when he noticed that no one was in the passenger seat, Officer Wise exited his police vehicle and walked around the corner of the building to see if the passenger went behind the bar.

Officer Wise walked around the next corner of the building to an alley and observed Curry standing there. Curry looked at him and then took " some steps back real quick and pat[ted] his waist real quick." Transcript at 75. Officer Wise asked Curry what he was doing back there, and, fearing that Curry had a gun because he kept patting his waist, the officer asked him to raise his hands. Officer Wise went to " sneak behind [Curry] real quick," started patting him down, and asked " [w]hat are you doing back here." Id. Curry replied that he was waiting for his brother.

As Officer Wise patted the area around Curry's waist, he noticed a large ball and asked " [w]hat have you got right here." Id. Curry hesitated, did not answer, and then " tried to push off [Officer Wise] real quick." Id. Officer Wise held onto Curry's shirt, and Curry turned and slapped Officer Wise's glasses off his face, knocking the glasses to the ground and breaking them. Officer Wise tackled Curry to the ground and ordered him to place his hands behind his back, but Curry tried to push off of the ground. Officer Wise called for help using his radio.

Tyrone Fluker, the security officer at Broadway Joe's that night, came around the building, heard Officer Wise order Curry to the ground, and observed him struggling with Curry. Fluker yelled at Curry to stay on the ground, but Curry continued to attempt to break away from Officer Wise and Fluker. Fluker helped restrain Curry until additional officers arrived about three minutes later. Officer Chris Hoffman, wearing his full police uniform, arrived at the scene and observed that Officer Wise was attempting to restrain Curry on the ground and that Curry was " [o]ut of control," and " screaming, attempt[ing] to push up off the ground," and " twisting his upper body attempting to get away from Officer Wise." Id. at 126. Officers Hoffman and Troy Jester assisted with restraining and handcuffing Curry. Officers Hoffman ...


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