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Peacock v. State

Court of Appeals of Indiana

June 6, 2019

Christopher Allen Peacock, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court The Honorable David Hooper, Magistrate Trial Court Cause No. 49G12-1707-CM-27237

          Attorney for Appellant Rory Gallagher Marion County Public Defender Agency Indianapolis, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Marjorie Lawyer-Smith Deputy Attorney General Indianapolis, Indiana

          DARDEN, SENIOR JUDGE.

          Statement of the Case

         [¶1] Christopher Peacock appeals his conviction by jury of harassment, a Class B misdemeanor.[1] We affirm.

         Issues

         [¶2] Peacock raises three issues, which we restate as:

I. Whether the State presented sufficient evidence to prove that Indiana had jurisdiction over the case.
II. Whether the State presented sufficient evidence to prove that Marion County, Indiana, was the proper venue.
III. Whether the trial court committed fundamental error while instructing the jury.

         Facts and Procedural History

         [¶3] The Indiana Department of Child Services (DCS) opened a case in Marion County involving Peacock and children in his care. Peacock lived in Marion County. DCS assigned Case Manager Narea Okpala to the case in February 2016. Okpala lived in Marion County, and in addition she worked at the DCS Marion County office.

         [¶4] The first time Okpala met with Peacock after being assigned to the case, he gave her two telephone numbers. He informed her that the first number was for his mobile phone, and the second number was for his girlfriend's mobile phone. Okpala saved those telephone numbers in her work ...


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