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. 49F08-1302-CM-011603.
ATTORNEY FOR APPELLANT: TIMOTHY J. BURNS, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; KARL M. SCHARNBERG, Deputy Attorney General, Indianapolis, Indiana.
FRIEDLANDER, J., and
PYLE, J., concur.
MEMORANDUM DECISION -- NOT FOR PUBLICATION
Betty Woods (" Woods" ) was convicted in Marion Superior Court of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. Woods appeals and challenges the sufficiency of the evidence supporting both convictions.
We affirm in part and reverse in part.
Facts and Procedural History
On February 19, 2013, at approximately 10:00 a.m., Woods was attempting to purchase a few slices of deli meat at a Citgo Station near the corner of 25th Street and College Avenue. The store owner, Sam Badri (" Badri" ) informed Woods that deli meat was only sold in half-pound or pound quantities, and Woods became irate. Woods shouted and cursed at Badri and stationed herself by the entrance to the business to complain about the situation to other customers.
Badri asked Woods to leave the store and she refused; therefore, Badri called the police. Indianapolis Metropolitan Police Officer Gregory Taylor (" Officer Taylor" ) responded to the report of a disturbance at the Citgo Station. Officer Taylor observed Woods standing in the entrance yelling and cursing at the employees while also speaking on her cell phone. Officer Taylor asked Woods to quiet down and step away from the door, and Woods responded, " I don't have to. I talk loud. It's just the way I am." Tr. p. 17.
Officer Taylor was able to coax Woods a few feet away from the doorway, but she continued to shout. Therefore, Officer Taylor told her that she was being placed under arrest for disorderly conduct. Woods started to walk away from Officer Taylor and continued to walk from the officer after he told her to stop. Officer Taylor then " rushed" after Woods and grabbed her wrist. Id. at 19. Officer Taylor told Woods once again to stop. When she attempted to pull away from the officer, Officer Taylor twisted " her wrist a little bit then push[ed] her up against the building with [his] left forearm[.]" Id. at 20. Officer Taylor told Woods to stop, or he would place her under arrest for resisting law enforcement. Woods then relaxed her arms and Officer Taylor was able to place her in handcuffs.
Woods was subsequently charged with two counts of Class A misdemeanor resisting law enforcement and one count of Class B misdemeanor disorderly conduct. A bench trial was held on September 4, 2013. The trial court found Woods guilty of one count of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. Woods was sentenced to an aggregate term of 365 days with 363 days ...