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Z.A. v. State

Court of Appeals of Indiana

July 7, 2014

Z.A., Appellant-Respondent,
v.
STATE OF INDIANA, Appellee-Petitioner

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Marilyn A. Moores, Judge, The Honorable Geoffrey A. Gaither, Magistrate. Cause No. 49D09-1308-JD-2515.

ATTORNEY FOR APPELLANT: ELLEN M. O'CONNOR, Marion County Public Defender Agency, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; JAMES B. MARTIN, Deputy Attorney General, Indianapolis, Indiana.

NAJAM, Judge. VAIDIK, C.J., and BROWN, J., concur.

OPINION

NAJAM, Judge

STATEMENT OF THE CASE

Z.A. appeals the juvenile court's adjudication that he committed the delinquent act of theft, as a Class D felony if committed by an adult. Z.A. presents a single issue for our review, namely, whether the State presented sufficient evidence to support the delinquency adjudication.

We reverse.

FACTS AND PROCEDURAL HISTORY

On August 28, 2013, Z.A. and a few of his friends went to the home of Z.A.'s mother, M.A. Once inside, Z.A. picked up a television and started to leave with it. M.A. and Z.A. had bought the television together, with M.A. paying $185 and Z.A. paying $15 of the purchase price. M.A. told Z.A. that he could not take the television, but he took it anyway and left with

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his friends. M.A. drove after them and called the police to report a theft.

Indianapolis Metropolitan Police Department Officer Glen Geisser responded to the call and observed the two vehicles described by the dispatcher come to a stop. Officer Geisser then saw a young man, later identified as Z.A., and another person get out of one of the stopped vehicles and run from the scene. M.A. then got out of her vehicle and retrieved the television from the other vehicle.

Officer Geisser activated the lights and siren on his police car and pursued Z.A. and his friend, who were still on foot. Officer Geisser used the loud speaker to order them to stop, but they continued, and Officer Geisser got out of his car and pursued them on ...


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