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Rogers v. State

Court of Appeals of Indiana

July 30, 2019

Randy Rogers, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court The Honorable Angela Davis, Judge Trial Court Cause No. 49G16-1808-CM-28255

          ATTORNEY FOR APPELLANT Matthew D. Anglemeyer Marion County Public Defender Appellate Division Indianapolis, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Benjamin J. Shoptaw Deputy Attorney General Indianapolis, Indiana

          BROWN, JUDGE.

         [¶1] Randy Rogers appeals his conviction for invasion of privacy as a class A misdemeanor. He raises one issue which we revise and restate as whether the trial court properly admitted certain text messages. We affirm.

         Facts and Procedural History

         [¶2] On August 25, 2018, Sierra Johnson and her best friend, Jasmine Arnold, went to a club, left at some point, and went to Jasmine's apartment. When they arrived, Rogers, who lived with Jasmine, was present. Rogers became angry and swung a pillow at Johnson and Jasmine. Johnson "got up," attempted to diffuse the situation, and told Rogers to calm down. Transcript Volume II at 10. He threw her into a wall, which hurt her. She then "got up and . . . punched him hard," went to the bathroom, and pushed her foot up against the door, but Rogers kicked down the door. Id. at 11. He pushed and grabbed Johnson, and shoved her down three or four times. Johnson suffered the loss of a nail, scratches on her chin, and bruises to her arm, back, face, and eyes.

         [¶3] The State charged Rogers with Count I, domestic battery as a class A misdemeanor, and Count II, battery resulting in bodily injury as a class A misdemeanor. The State later filed an amended information to add Count III, invasion of privacy as a class A misdemeanor, and Count IV, attempted obstruction of justice as a level 6 felony.

         [¶4] On November 15, 2018, the court held a bench trial. The State moved to dismiss Count I, and the court granted the motion. Johnson testified that she knew Rogers for about ten or eleven years and to the events of August 25th. She also testified that she received a subpoena to come to court for a bench trial on September 20th and that, while she was in the victim advocate's room, she received a text from Rogers while there was a no contact order in place. The prosecutor showed an exhibit to Johnson, and she indicated that it contained "[t]exts from Randy" which accurately reflected the text messages she received on September 20th. The prosecutor moved to admit the messages as State's Exhibit 28, and Rogers's counsel objected "as to foundation" and argued: "For one thing we don't know exactly who, although it says Randy at the top, that it doesn't have any numbers and it also doesn't have anything on the phone that identifies the phone as belonging to [Johnson]. We would object as to speculation as to the original and ask for the original on the phone." Id. at 20. The court sustained the objection at that time and allowed the prosecutor to ask follow-up questions.

         [¶5] The following exchange then occurred:

Q So did you - how did you receive these text messages?
A Via text from Randy.
Q And who's phone was it ...

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