Rolando Marquice Calhoun v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: June 12, 2019
• Docket: 18A-CR-2044
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Jun 12 2019, 5:25 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Michael C. Borschel Curtis T. Hill, Jr. Indianapolis, Indiana Attorney General of Indiana Erik J. Bryant Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Rolando Marquice Calhoun, June 12, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2044 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Steven J. Rubick, Appellee-Plaintiff. Magistrate Trial Court Cause No. 49G01-1709-F5-35385

Pyle, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2044 | June 12, 2019 Page 1 of 3 Statement of the Case

[1] Rolando Calhoun (“Calhoun”) appeals the following convictions: (a) domestic

battery resulting in bodily injury to a pregnant woman, a level 5 felony;1 (b)

strangulation, a level 5 felony;2 (c) intimidation, a level 5 felony;3 (d) pointing a

firearm, a level 6 felony;4 kidnapping, a level 6 felony;5 and domestic battery, a

level 6 felony.6 Due to Calhoun’s death, we dismiss his appeal.

[2] We dismiss.

Facts

[3] On September 14, 2017, police responded to a 9-1-1 call concerning an incident

at the home of Calhoun and his wife, Ayobami Calhoun (“Ayo”). After

speaking with Ayo regarding the events precipitating the 9-1-1 call, the officers

arrested Calhoun as he was trying to flee through the garage. On September 18,

2017, the State charged Calhoun with several counts.

[4] Following a bench trial on July 11, 2018, the trial court convicted Calhoun of

six counts: (a) domestic battery resulting in bodily injury to a pregnant woman,

1 IND. CODE §§ 35-42-2-1.3(a)(1) and (3). 2 I. C. §§ 35-42-2-9(b) and (c). 3 I. C. §§ 35-45-2-1(a)(2) and (b)(2)(A). 4 I. C. § 35-47-4-3(b). 5 I. C. § 35-45-3-2(a). 6 I. C. §§ 35-42-2-1.3(a)(1) and (b)(1).

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2044 | June 12, 2019 Page 2 of 3 a level 5 felony; (b) strangulation, a level 5 felony; (c) intimidation, a level 5

felony; (d) pointing a firearm, a level 6 felony; kidnapping, a level 6 felony; and

domestic battery, a level 6 felony. The trial court sentenced Calhoun to an

aggregate term of three years with all but time served suspended to probation.

(Tr. 75). Calhoun subsequently appealed all six of his convictions, challenging

the sufficiency of the evidence.

Decision

[5] Pursuant to INDIANA RULE OF EVIDENCE 201(a)(2)(C), we may judicially

notice “the existence of … records of a court of this state.” Accordingly, we

take judicial notice of the existence of records in the related case between

Calhoun and Ayo in Hendricks Superior Court 1 under the cause number

32D01-1809-DC-000524. Specifically, we note the existence of an order dated

February 6, 2019, dismissing Ayo’s marriage dissolution petition due to

Calhoun’s death. Likewise, we dismiss the present appeal due to Calhoun’s

death. See IND. APP. RULE 17 (“The death of the appellant abates a criminal

appeal.”).

[6] Dismissed.

Najam, J., and Altice, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2044 | June 12, 2019 Page 3 of 3