Thames v. State

653 N.E.2d 517, 1995 Ind. App. LEXIS 919, 1995 WL 430767

Opinions

OPINION

CHEZEM, Judge.

Case Summary

Defendant-Appellant, Larry Thames (“Thames”), appeals from his conviction for Neglect of a Dependent, a class D felony. We affirm.

Issue

Thames presents one issue for our review: whether there was sufficient evidence to support his conviction.

Facts and Procedural History

Thames was left during the day to care for AL., his girlfriend’s five-year old child. He left the child alone. She wandered out of her home and was eventually taken to the police department. Additional facts will be supplied as necessary.

Discussion and Decision

Thames was convicted of Neglect of a Dependent, I.C. § 35-46-l-4(a)(l): “A person having the care of a dependent ... who knowingly or intentionally: (1) places the dependent in a situation that may endanger his life or health ... commits neglect of a dependent, a class D felony.” ' Thames argues there is insufficient evidence to prove he knowingly or intentionally placed A.L. in a situation that would endanger her life or health. In reviewing a challenge to the sufficiency of the evidence, we will neither reweigh the evidence nor judge the witnesses’ credibility. Jones v. State (1992), Ind., 589 N.E.2d 241, 242.

A person knowingly commits neglect of a child when he is subjectively aware of a high probability that he placed the child in a dangerous situation. Hill v. State (1989), Ind.App., 535 N.E.2d 153. AL.’s mother testified that she left AL. in the care of Thames while she was at work. AL. testified that she was home alone with Thames and when she awoke from her nap, Thames was not in the home. Thames told the police that he was two streets over helping someone move furniture. AL. was found wandering the street at approximately 1:30 p.m. and Thames did not return home until 4:00 p.m. Thames was experienced at watching children and thus should have been subjectively aware of a high probability that he placed A.L. in a dangerous situation by leaving her at home alone.

Affirmed.

RILEY, J., concurs. SULLIVAN, J., concurs with separate opinion.