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Lewis v. State

Court of Appeals of Indiana

January 26, 2015

Ronnie Lewis, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Editorial Note:

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 Mark D. Stoner . Cause No. 49G06-1301-FA-3115.

ATTORNEY FOR APPELLANT: Victoria L. Bailey, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; William Hackl Brainard, Monika Prekopa Talbot, Deputy Attorney General, Indianapolis, Indiana.

Riley, Judge. Vaidik, C.J. and Baker, J. concur.

MEMORANDUM DECISION

Riley, Judge.

STATEMENT OF THE CASE

[¶1] Appellant-Defendant, Ronnie Lewis (Lewis), appeals his conviction for attempted murder, a Class A felony, Ind. Code § § 35-42-1-1; -41-5-1(2013).

[¶2] We affirm.

ISSUE

[¶3] Lewis raises one issues on appeal which we restate as: Whether the State presented sufficient evidence beyond a reasonable doubt to sustain Lewis' conviction.

FACTS AND PROCEDURAL HISTORY

[¶4] On January 12, 2013, Antan Purnell (Purnell) and his relatives went to a bar in Indianapolis, Indiana to celebrate the birthday of his cousin. As the night wore into the early morning hours of January 13, the bar became crowded with people, and Purnell and another patron played a game of pool. While playing, Purnell saw a five-dollar bill on the ground near the pool table; he picked it up and put it in his pocket. Immediately, Purnell felt a tap on the shoulder and heard somebody say, " [G]ive me my mother fucking money." (Transcript p. 290). Purnell turned around and saw Lewis standing behind him. Purnell refused to return the money. There was some verbal sparring between the two, and at one point, Lewis told Purnell, " I'm going to show you're not tough . . . I'd hate for somebody to die over five dollars." (Tr. p. 292). Two other men who came to the bar with Lewis approached Lewis and started " pulling up their pants," which Purnell took as an indication they were ready to fight. (Tr. p. 293). Shortly thereafter, Lewis and the two men left the pool table, and Purnell continued shooting pool. Alone, Lewis returned to the pool table area a short while later and sat on a barstool right behind Purnell. Bothered by his presence, Purnell asked Lewis what he was doing. Lewis did not respond; instead, he warned a couple seated nearby by stating, " [I]f I was you all [sic]. . . I would move . . . and if it goes off and hits you then it ain't [sic] my fault." (Tr. p. 303). Not believing that Lewis was armed, Purnell responded to the indirect threat by stating, " [I]f you're going to shoot me[,] then shoot me." (Tr. p. 303). At that point, Lewis brandished his gun and pointed it toward Purnell. Responding to the imminent threat, Purnell pushed Lewis' arm and the gun discharged. Purnell then struck Lewis in the face, and the two men fell to the ground with Purnell landing on top of Lewis. Purnell continued to strike Lewis in the face using his right hand, and with his left hand, he restrained Lewis' hand which held the gun. Lewis, ...


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