Timothy L. Coats v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 26, 2016
• Docket: 02A03-1510-CR-1657
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), Feb 26 2016, 9:03 am 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 ATTORNEYS FOR APPELLEE Thomas C. Allen Gregory F. Zoeller Fort Wayne, Indiana Attorney General of Indiana Richard C. Webster Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Timothy L. Coats, February 26, 2016 Appellant-Defendant, Court of Appeals Case No. 02A03-1510-CR-1657 v. Appeal from the Allen Superior Court State of Indiana, The Honorable Wendy W. Davis, Appellee-Plaintiff Judge Trial Court Cause No. 02D06-1505-F6-406

Baker, Judge.

Court of Appeals of Indiana | Memorandum Decision 02A03-1510-CR-1657 | February 26, 2016 Page 1 of 4 [1] Timothy Coats appeals his conviction for Resisting Law Enforcement, 1 a Level

6 Felony, arguing that there is insufficient evidence to support it. Finding the

evidence sufficient, we affirm.

Facts [2] On May 1, 2015, Detective Strausborger of the Fort Wayne Police Department

observed Coats driving a tan Buick in excess of sixty miles per hour in a thirty

mile-per-hour zone. Detective Strausborger turned on his emergency lights and

siren and attempted to initiate a traffic stop. Coats accelerated away at a high

rate of speed and led Detective Strausborger on a high-speed chase for

approximately a mile. Coats eventually pulled into an alley where he and the

other occupants of the Buick jumped out and began to run while the car was

still in motion. Detective Strausborger witnessed Coats jump out of the driver’s

side of the car.

[3] On May 7, 2015, Coats was charged with Level 6 felony resisting law

enforcement. On August 19, 2015, a jury found him guilty as charged. The

trial court sentenced Coats to two years imprisonment in the Department of

Correction. Coats now appeals.

1 Ind. Code § 35-44.1-3-1.

Court of Appeals of Indiana | Memorandum Decision 02A03-1510-CR-1657 | February 26, 2016 Page 2 of 4 Discussion and Decision [4] When reviewing a challenge to the sufficiency of the evidence we will neither

reweigh the evidence nor judge the credibility of the witnesses. Bailey v. State,

907 N.E.2d 1003, 1005 (Ind. 2009). We consider only the evidence most

favorable to the judgment and the reasonable inferences that can be drawn

therefrom. Id. We will affirm if there is substantial evidence of probative value

to allow a reasonable trier of fact to conclude that the defendant was guilty

beyond a reasonable doubt. Id.

[5] Indiana Code section 25-44.1-3-1 provides the following:

(a) A person who knowingly or intentionally:

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(3) flees from a law enforcement officer after the officer has, by visible or audible means, including operation of the law enforcement officer’s siren or emergency lights, identified himself or herself and ordered the person to stop;

commits resisting law enforcement, a Class A misdemeanor . . . .

The offense is raised to a Level 6 felony if the person flees by vehicle. I.C. 35-

44.1-3-1(b).

[6] Coats argues that there is insufficient evidence from which a jury could have

determined that he was the driver of the Buick. We disagree. Detective

Strausborger testified that he was familiar with Coats from a previous

Court of Appeals of Indiana | Memorandum Decision 02A03-1510-CR-1657 | February 26, 2016 Page 3 of 4 investigation and that he personally witnessed Coats exit from the driver’s side

of the Buick following the pursuit. Tr. p. 135, 144-45. This testimony was

undoubtedly sufficient to allow a reasonable jury to conclude that Coats was

the driver of the vehicle and, consequently, guilty of resisting law enforcement.

[7] The judgment of the trial court is affirmed.

Bradford, J., and Pyle, J., concur.

Court of Appeals of Indiana | Memorandum Decision 02A03-1510-CR-1657 | February 26, 2016 Page 4 of 4