Opinion
No. 71A04-1205-CR-274
11-20-2012
DAMIAN RAY RAMIREZ, Appellant-Defendant, v. STATE OF INDIANA, Appellee-Plaintiff.
ATTORNEY FOR APPELLANT : NEIL L. WEISMAN South Bend, Indiana ATTORNEYS FOR APPELLEE : GREGORY F. ZOELLER Attorney General of Indiana ERIC P. BABBS Deputy Attorney General Indianapolis, Indiana
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT:
NEIL L. WEISMAN
South Bend, Indiana
ATTORNEYS FOR APPELLEE:
GREGORY F. ZOELLER
Attorney General of Indiana
ERIC P. BABBS
Deputy Attorney General
Indianapolis, Indiana
APPEAL FROM THE ST. JOSEPH SUPERIOR COURT
The Honorable R.W. Chamblee, Jr., Judge
Cause No. 71D08-1109-FC-204
MEMORANDUM DECISION - NOT FOR PUBLICATION
KIRSCH , Judge
Damien Ray Ramirez appeals his conviction for battery with a deadly weapon, a Class C felony, contending the evidence was insufficient to support his conviction. At trial, Theresa Hensel, Ramirez's former girlfriend, testified that in the early morning hours of September 3, 2011, she and Ramirez were engaged in an argument in her house when Ramirez jumped on top of her and stabbed her with a knife in her chest while screaming, "Die, bitch, die, I'll go to prison for killing you stupid ass bitch." Tr., p.24. This evidence is sufficient to support the conviction. Although Ramirez testified to a different version of the events, it was the exclusive province of the jury to determine the credibility of the witnesses. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007).
Affirmed. NAJAM, J., and MAY, J., concur.