Davies v. State, 011119 INCA, 18A-CR-1098

Docket Nº:18A-CR-1098
Opinion Judge:TAVITAS, JUDGE.
Party Name:Dave Davies, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff
Attorney:Attorney for Appellant Zachary J. Stock Indianapolis, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana
Judge Panel:Brown, J., and Altice, J., concur.
Case Date:January 11, 2019
Court:Court of Appeals of Indiana
 
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Dave Davies, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff

No. 18A-CR-1098

Court of Appeals of Indiana

January 11, 2019

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.

Appeal from the Marion Superior Court The Honorable Annie Christ, Judge Trial Court Cause No. 49G24-1508-FD-28429

Attorney for Appellant Zachary J. Stock Indianapolis, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

TAVITAS, JUDGE.

Case Summary

[¶1] Dave Davies appeals his conviction for dissemination of a matter harmful to minors, a Class A misdemeanor. We affirm.

Issue

[¶2] Davies raises one issue on appeal, which we restate as whether the evidence is sufficient to convict Davies of dissemination of a matter harmful to minors, a Class A misdemeanor.

Facts

[¶3] Davies was a teacher at Emma Donnan Middle School in Indianapolis. The school emphasized to teachers that the teachers "were there to try to build special relationships with the students in order to make them feel more secure within the educational process . . . ." Tr. Vol. IV p. 128. Generally, the school encouraged the teachers to "build relationships with kids who[m] [the teachers] felt [the teachers] could become positive mentors to . . . ." Id. The school, however, also emphasized limitations in relationship building, such as: (1) teachers should not be alone with students while traveling; and (2) teachers should avoid traveling with students in the teachers' personal vehicles.

[¶4] Davies taught biology and Future Farmers of America ("FFA") in the seventh and eighth grades. Davies also was considered one of C.W.'s mentors. Over the two years that Davies taught C.W., C.W. would see Davies every day for "about [forty] minutes" in class. Id. at 76. Davies and C.W. would also interact often outside of class. C.W. would stay after school roughly three to four times a week and talk to Davies about "work that [C.W.] needed to make up," or about C.W.'s goals and future plans. Id. at 77. C.W. thought Davies was a "nice guy" and someone C.W. could look up to. Id. C.W. also thought Davies would help C.W. continue on a path towards college.

[¶5] C.W. considered himself to have a good relationship with Davies, and at school, Davies would "do this motion that was kinda [sic] like a ball tap," where Davies would do a...

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