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Gomillia v. State

Court of Appeals of Indiana

March 19, 2015

Johnny Gomillia, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Marion Superior Court. Cause No. 49G16-1402-FD-9596. The Honorable Helen Marchal, Judge.

ATTORNEY FOR APPELLANT: Jane H. Conley, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Jesse R. Drum, Deputy Attorney General, Indianapolis, Indiana.

Barnes, Judge. May, J., and Pyle, J., concur.

OPINION

Page 1176

Barnes, Judge.

Case Summary

[¶ 1] Johnny Gomillia appeals his conviction for Class D felony attempted obstruction of justice. We reverse.

Issue

[¶ 2] Gomillia raises one issue, which we restate as whether there is sufficient evidence to support his conviction.

Page 1177

Facts

[¶ 3] On February 23, 2014, Gomillia was incarcerated in the Marion County Jail. That day, using the PIN assigned to Gomillia, a man called Samantha Gaines, a witness in a domestic violence case against David Madriz, who was incarcerated in the same block of the Marion County Jail as Gomillia. The caller told Gaines that, if she did not want to come to court, she did not have to come to court. He said that Gaines should act like she is coming to court to testify against Madriz and then, on the day of trial, not show up to court. The caller told Gaines that, if she did not go to court, the charges would be dropped, and Madriz would be released.

[¶ 4] The State charged Gomillia with Class D felony attempted obstruction of justice. At the jury trial, Gomillia claimed that his PIN had been stolen and that he did not make the call. A ...


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