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Suggs v. State

Court of Appeals of Indiana

May 7, 2015

Leonard L. Suggs, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Allen Superior Court. The Honorable Wendy W. Davis, Judge. Cause No. 02D06-1408-F6-90.

ATTORNEY FOR APPELLANT: Paul Stephen Miller, Fort Wayne, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana, Katherine Modesitt Cooper, Deputy Attorney General, Indianapolis, Indiana.

Baker, Judge. Najam, J., and Friedlander, J., concur.

OPINION

Page 999

Baker, Judge.

[¶1] Leonard Suggs appeals his convictions for Domestic Battery,[1] a Level 6 felony, and Battery,[2] a Level 6 felony. Suggs contends that the evidence is insufficient to support his convictions. Finding sufficient evidence, we affirm.

Facts

[¶2] On August 2, 2014, Suggs and his live-in girlfriend, Evelyn Garrett, attended a family reunion at a bowling alley in Allen County. Suggs and Garrett had lived together for about two years, sharing a bedroom and engaging in an intimate, romantic relationship. A large group of Suggs's family attended the reunion, including ten to twenty children under the age of sixteen. Vera Warren was in attendance. Warren's brother had been married to Suggs's aunt and Suggs had known Warren all his life, calling her " Auntie." Tr. p. 87.

[¶3] Suggs walked into the bowling alley with a beer can in his hand. At one point, a bowling alley employee observed Suggs yelling at Garrett. The employee and several family members intervened and attempted to remove Suggs from the bowling alley, but Suggs refused to leave.

[¶4] Suggs then threw a beer can at Garrett, but missed. After that, Suggs picked up a bowling ball and threw it at Garrett. The bowling ball grazed Garrett's head and hit Warren on the left side of her head, causing Warren to feel pain. Warren left the building and called 911. Suggs then jumped on Garrett and pulled her by her hair down the stairs, causing Garrett to feel extreme pain that she described as a ten on a scale of zero to ten.

[¶5] Fort Wayne Police Officer Cameron Norris arrived at the bowling alley a short time later. Officer Norris spoke with Garrett and two of the children who had observed the altercation. The children were panicked as a result of what they had seen.

[¶6] On August 7, 2014, the State charged Suggs with Level 6 felony domestic battery and Level 6 felony battery. A jury trial was held on October 8, 2014, and the jury found Suggs guilty as charged. On December 1, 2014, the trial court sentenced Suggs to two years for each conviction, to be served consecutively, for an aggregate four-year term. Suggs now appeals.

Discussion and Decision

[¶7] Suggs argues that the evidence is insufficient to support his convictions.

Page 1000

When we review a challenge to the sufficiency of the evidence, we neither reweigh the evidence nor assess witness credibility. McClellan v. State, 13 N.E.3d 546, 548 (Ind.Ct.App. 2014), trans. denied. Instead, we consider only the probative evidence supporting the conviction and the reasonable inferences that may be drawn therefrom. Id. If there is substantial evidence of probative value from which a reasonable factfinder could have drawn the ...


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