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Townsend v. State

Court of Appeals of Indiana

May 15, 2015

Dewayne M. Townsend, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 368

Appeal from the Allen Superior Court. The Honorable Wendy W. Davis, Judge. Cause No. 02D05-1406-FD-677.

FOR APPELLANT: Donald J. Frew, Fort Wayne, Indiana.

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

Sharpnack, Senior Judge. Kirsch, J., and Bradford, J., concur.

OPINION

Page 369

Sharpnack, Senior Judge

Statement of the Case

[¶1] Dewayne M. Townsend appeals from his conviction of one count of residential entry[1] as a Class D felony, challenging the admission of a witness's prior consistent statements and the sufficiency of the evidence. We affirm.

Issues

[¶2] Townsend presents the following restated issues for our review:

I. Whether the trial court abused its discretion by admitting a witness's prior consistent statements.
II. Whether there is sufficient evidence to support his conviction.

Facts and Procedural History

[¶3] On June 13, 2014, Townsend went to Ashleigh Fryar's apartment to spend time with the newborn child the two had in common. Townsend left after holding the baby for some time. Ashleigh then locked the front door and took the baby with her to her bedroom. Ashleigh did not respond when Townsend later returned and began knocking on the front door. Townsend requested that Ashleigh allow him to take the child with him and the two had argued about that subject earlier. After a period of time with no response, Townsend then walked to Ashleigh's window and demanded that she allow him to take the baby with him. Ashleigh refused his request. Townsend then returned to the front door of the apartment, kicked it in, and entered Ashleigh's apartment.

[¶4] At some point during this incident, Ashleigh texted 911 on her cell phone. Fort Wayne Police Department officers responded to the call. Upon arriving at Ashleigh's residence, the officers observed that the door to Ashleigh's apartment had been forced open and that the door frame had been broken. Pieces of wood and pieces of the door frame were lying on the ground inside the apartment. Townsend admitted to the officers that he had kicked in the door and entered Ashleigh's apartment when she did not open the door. Although at trial he later claimed this justification for breaking down Ashleigh's door, Townsend did not tell officers at that time that he did so out of concern about the welfare of his child or that he had heard the baby crying.

[¶5] Additionally, after entering Ashleigh's apartment and before the police officers arrived, Townsend confronted Ashleigh. He grabbed and pulled her hair causing her pain and grabbed her face causing an injury to her ...


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