Opinion
23A-CR-1447
01-23-2024
Jesus Ramon Flores, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff.
ATTORNEYS FOR APPELLANT Talisha R. Griffin Indianapolis, Indiana Barbara J. Simmons Batesville, Indiana ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General of Indiana Sierra A. Murray Deputy Attorney General Indianapolis, Indiana
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or the law of the case.
Appeal from the Marion Superior Court The Honorable David Hooper, Magistrate The Honorable Clark H. Rogers, Judge Trial Court Cause No. 49D25-2302-CM-4070
ATTORNEYS FOR APPELLANT
Talisha R. Griffin
Indianapolis, Indiana
Barbara J. Simmons
Batesville, Indiana
ATTORNEYS FOR APPELLEE
Theodore E. Rokita
Attorney General of Indiana
Sierra A. Murray
Deputy Attorney General
Indianapolis, Indiana
MEMORANDUM DECISION
Pyle, Judge.
[¶1] In this appeal, Jesus Ramon Flores ("Flores") argues that there is insufficient evidence to support his conviction for Class A misdemeanor domestic battery.To convict Flores, the State had to prove beyond a reasonable doubt that Flores touched S.P. ("S.P."), a family or household member, in a rude, insolent, or angry manner. See IND. CODE § 35-42-2-1.3.
[¶2] Testimony at the June 2023 bench trial revealed that Flores and S.P. had been involved in a relationship and had lived together at S.P.'s house for three years. In February 2023, Flores and S.P. were in the process of ending their relationship. On February 9, 2023, Flores went to S.P.'s house to pick up some of his possessions. Flores became angry when S.P. began placing Flores' possessions at the top of the stairs. Flores went up the stairs, told S.P. not to touch his possessions, and grabbed S.P.'s shirt. S.P. ended up lying on his stomach on the floor. While S.P. was on the floor, Flores twice punched S.P. in the back of the head. An IMPD officer who was dispatched to the scene noticed a red mark on the back of S.P.'s neck and took a photograph of it. The trial court admitted the photograph into evidence at trial. Flores testified that he had not punched S.P. in the back of the head. Rather, according to Flores, he had tripped on a pile of clothing and had fallen into S.P., ripping S.P.'s shirt and causing the red mark on the back of S.P.'s neck. The trial court convicted Flores of Class A misdemeanor domestic battery.
[¶3] On appeal, Flores argues that there is insufficient evidence to support his conviction because he did not punch S.P. in the back of the head. However, Flores' argument amounts to a request that we reweigh the evidence, which we will not do. See Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). After weighing the evidence and the credibility of the witnesses, the trial court, acting as the trier of fact, determined beyond a reasonable doubt that Flores had knowingly or intentionally touched S.P., a family or household member, in a rude, insolent, or angry manner. Accordingly, we affirm Flores' conviction for Class A misdemeanor domestic battery.
[¶4] Affirmed.
Bailey, J., and Crone, J., concur.