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 Deborah J. Shook, Commissioner. Cause No. 49F07-1301-CM-6762.
ATTORNEY FOR APPELLANT: SUZY ST. JOHN, Marion County Public Defender, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, RICHARD C. WEBSTER, Deputy Attorney General, Indianapolis, Indiana.
BAKER, Judge. NAJAM, J., and CRONE, J., concur.
MEMORANDUM DECISION - NOT FOR PUBLICATION
The victim of a Battery, a class A misdemeanor, testified that appellant-defendant Juan Williams punched him in the eye causing pain, swelling, and redness. A police officer who was dispatched to the scene interviewed the victim and observed the injuries. This evidence was sufficient to prove that Williams committed the offense, and his claim that the conviction must be set aside under the doctrine of incredible dubiosity fails. Thus, we affirm the judgment of the trial court.
Abdelsalam Samara manages the Shell gas station on Illinois Street in Indianapolis. On January 29, 2013, Williams entered the store to purchase a cigar. The cigar was priced at .99 but the sales tax made the final cost $1.06. However, Williams handed Samara $1 and asked for change. When Samara informed Williams of the total price, the two began to argue.
Samara stepped out from behind the security area and told Williams to leave. In response, Williams punched Samara in the eye, causing it to swell and turn red. The injury also caused Samara pain that lasted for 9nearly a week. After Williams punched him, Samara went back into the security cage, locked the door to the building, and called the police.
Indianapolis Metropolitan Police Department (IMPD) Officer Robert Carver was dispatched to the Shell station to investigate. Samara told Officer Carver that Williams hit him in the eye. Officer Carver noticed that Samara's eye was red and swollen. In Officer Carver's experience in investigating battery cases, he concluded that Samara's injuries were consistent with being struck in the eye.
As a result, Williams was charged with battery on January 29, 2013. Following a bench trial on July 25, 2013, Williams was found guilty as charged and sentenced to 365 days of incarceration ...