APPEAL FROM THE MARION SUPERIOR COURT. The Honorable David Hooper, Commissioner. Cause No. 49F08-1303-CM-19936.
ATTORNEY FOR APPELLANT: SUZY ST. JOHN, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ANGELA N. SANCHEZ, Deputy Attorney General, Indianapolis, Indiana.
PYLE, Judge. FRIEDLANDER, J., and MATHIAS, J., concur.
STATEMENT OF THE CASE
Freddie Patterson (" Patterson" ) appeals his conviction, after a jury trial, for Class A misdemeanor resisting law enforcement.
1. Whether sufficient evidence supports Patterson's conviction.
2. Whether the trial court erred in instructing the jury.
On March 25, 2013, Officer Travis Williams (" Officer Williams" ) and Officer Noreen Cooper (" Officer Cooper" ) with the Indianapolis Metropolitan Police Department were dispatched on a report of battery on a person. When the officers arrived, they spoke with Patterson and his cousin, Bob Garner (" Garner" ). Officer Williams did not notice any injuries on the men. However, he did observe that Patterson and Garner had red and watery eyes, slurred speech, unsteady balance, and an odor of an alcoholic beverage coming from both of them.
Garner told the officers that Patterson's wife, Martha Patterson (" Martha" ) had struck him with a cane. Patterson " basically agreed with everything that [Garner] was saying . . . and said that that's what happened." (Tr. 46). Patterson also told the officers that Martha struck him as well. The ...