Phyllis Allen v. State of Indiana (NFP)

Annotate this Case
Download PDF
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: ATTORNEYS FOR APPELLEE: JOHN ANDREW GOODRIDGE Evansville, Indiana GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana FILED Dec 11 2012, 9:19 am IN THE COURT OF APPEALS OF INDIANA PHYLLIS ALLEN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) No. 82A04-1205-CR-263 APPEAL FROM THE VANDERBURGH SUPERIOR COURT The Honorable Terrell R. Maurer, Magistrate Cause No. 82D05-1108-CM-4363 December 11, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge CLERK of the supreme court, court of appeals and tax court Phyllis Allen appeals her conviction of Battery as a Class A misdemeanor,1 contending that the evidence was not sufficient to support her conviction. We affirm. Our standard of review of a challenge to the sufficiency of the evidence is wellestablished: We will not re-weigh the evidence or judge the credibility of the witnesses and will consider only the probative evidence and the reasonable inferences to be drawn therefrom that support the verdict. See McHenry v. State, 820 N.E.2d 124, 126 (Ind. 2005). Here, the victim testified that on July 27, 2011, the Defendant and Landa Ray engaged in an argument from their respective cars when Ray s attempt to vacate a parking space was blocked by Defendant s vehicle. The argument continued and both parties exited their cars and engaged each other face-to-face. During this confrontation, the Defendant intentionally struck Ray in the arm causing bruising from the middle of Ray s arm to her upper arm. Indiana Code ยง 35-42-2-1 provides that A person who knowingly or intentionally touches another in a rude, insolent, or angry matter commits battery and that the offense is a Class A misdemeanor if it results in bodily injury to another person . . . . Bruises are sufficient to establish bodily injury. See Kazmier v. State, 863 N.E.2d 912, 914 (Ind. Ct. App. 2007). Viewed consistently with our standard of review, the evidence is clearly sufficient to support the conviction. Affirmed. MATHIAS, J., and CRONE, J., concur. 1 I.C. 35-42-2-1(a)(1)(A). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.