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Berry v. State

Court of Appeals of Indiana

January 8, 2015

TAJUANDA BERRY, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Linda E. Brown, Judge. Cause No. 49F10-1309-CM-59338.

ATTORNEY FOR APPELLANT: DEBORAH MARKISOHN, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; RICHARD C. WEBSTER, Deputy Attorney General, Indianapolis, Indiana.

PYLE, Judge. NAJAM, J., and BAILEY, J., concur.

Page 855

OPINION

PYLE, Judge

STATEMENT OF THE CASE

Tajuanda Berry (" Berry" ) appeals her sentence, after a bench trial, for Class A misdemeanor trespass.[1] On appeal, she claims that the trial court erred by ordering her to stay away from all properties managed by the Indianapolis Housing Agency (" IHA" ). She asks that this Court vacate the order because the order is overly broad and not related to any rehabilitative goal or maintenance of public safety. Concluding that the trial court's statement

Page 856

was not part of its imposed sentence, we affirm Berry's sentence.

We affirm.

ISSUE

We restate the issue in Berry's appeal as follows: whether the trial court imposed a stay away order as part of Berry's sentence.

FACTS

Barton Tower is a property owned and managed by the IHA as a residence for low-income, disabled, or handicapped people over the age of fifty. Berry's father is a resident of Barton Tower.

On September 6, 2013, Barton Tower security officer Sergeant Terri Smith (" Sergeant Smith" ) informed Berry that she was no longer welcome on any of IHA's properties and banned her from Barton Tower and all other property owned or managed by IHA. Sergeant Smith completed the ban order, gave it to Berry, and ...


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