J v. v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 15, 2015
• Docket: 49A05-1409-JV-421
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Apr 15 2015, 9:19 am 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 ATTORNEYS FOR APPELLEE Corey L. Scott Gregory F. Zoeller Indianapolis, Indiana Attorney General of Indiana Chandra K. Hein Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

J.V., April 15, 2015

Appellant-Defendant, Court of Appeals Case No. 49A05-1409-JV-421 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Marilyn A. Moores, Judge Appellee-Plaintiff The Honorable Scott Stowers, Magistrate

Case No. 49D09-1310-JD-3129

Crone, Judge.

Case Summary [1] J.V. appeals her adjudication as a juvenile delinquent for committing an act that

would be a class A misdemeanor battery if committed by an adult. She asserts Court of Appeals of Indiana | Memorandum Decision 49A05-1409-JV-421 | April 15, 2015 Page 1 of 3 that there is insufficient evidence that she participated in the battery of the

victim. Finding that the evidence is sufficient, we affirm.

[2] In reviewing the sufficiency of the evidence with respect to juvenile

adjudications, we consider only the evidence and reasonable inferences arising

therefrom supporting the adjudication without reweighing the evidence or

judging witness credibility. D.W. v. State, 903 N.E.2d 966, 968 (Ind. Ct. App.

2009), trans. denied. We will affirm the adjudication if there is substantial

evidence of probative value such that a reasonable trier of fact could have

concluded that the juvenile was guilty beyond a reasonable doubt. Id.

[3] To sustain J.V.’s delinquency adjudication for committing class A

misdemeanor battery, the State was required to prove beyond a reasonable

doubt that she knowingly or intentionally touched Berta Morales in a rude,

insolent, or angry manner that resulted in bodily injury. Ind. Code § 35-42-2-1;

Appellant’s App. at 16.

[4] At J.V.’s delinquency hearing, Morales testified that J.V.’s mother, Monica

Milan, knocked on her door. Morales’s daughter Cynthia informed Morales

that someone was at the door. Morales went to the door, and Milan grabbed

her by the hair and threw her on the ground. Milan’s daughters, J.V. and

Kimberly, were there, and they also attacked Morales. Morales testified that

“J.V. was there with her mother hitting me too.” Tr. at 17; see also id. at 18

(“[J.V.] also came up to hit me,” and “[J.V.] was hitting me.”). As a result of

the battery, Morales sustained a swollen lip and forehead and experienced pain

Court of Appeals of Indiana | Memorandum Decision 49A05-1409-JV-421 | April 15, 2015 Page 2 of 3 in her head. Cynthia testified that “they were all three attacking my mom.” Id.

at 25. When asked specifically what J.V. was doing, Cynthia replied, “I

believe, probably kicking her, I guess.” Id. Cynthia also testified that she saw

J.V. “[i]n the fight hitting my mother.” Id. at 31. This is sufficient evidence to

establish that J.V. knowingly or intentionally touched Morales in a rude, angry,

or insolent manner that resulted in bodily injury. J.V.’s argument is merely a

request to reweigh the evidence and judge witness credibility, which we must

decline. Accordingly, we affirm J.V.’s juvenile delinquency adjudication.

[5] Affirmed.

Brown, J., and Pyle, J., concur.

Court of Appeals of Indiana | Memorandum Decision 49A05-1409-JV-421 | April 15, 2015 Page 3 of 3