Tharbs v. State, 031319 INCA, 18A-CR-1336

Docket Nº:18A-CR-1336
Opinion Judge:PYLE, JUDGE.
Party Name:Yorlin Bunkky Tharbs, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
Attorney:Attorney for Appellant Amy D. Griner Mishawaka, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Lyubov Gore Deputy Attorney General Indianapolis, Indiana
Judge Panel:Najam, J., and Altice, J., concur.
Case Date:March 13, 2019
Court:Court of Appeals of Indiana
 
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Yorlin Bunkky Tharbs, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff.

No. 18A-CR-1336

Court of Appeals of Indiana

March 13, 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 St. Joseph Superior Court Cause No. 71D01-1508-F3-39 The Honorable Jane Woodward Miller, Judge

Attorney for Appellant Amy D. Griner Mishawaka, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Lyubov Gore Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

PYLE, JUDGE.

Statement of the Case

[¶1] Yorlin Tharbs ("Tharbs") appeals his conviction, following a jury trial, for Level 3 felony resisting law enforcement.1 Tharbs argues that there was insufficient evidence as to the issue of identity to support his conviction. Concluding that there was sufficient probative evidence and reasonable inferences for jurors to find Tharbs guilty beyond a reasonable doubt, we affirm his conviction.

[¶2] We affirm.

Issue

Whether there was sufficient evidence to support Tharbs' resisting law enforcement conviction.

Facts

[¶3] Sometime during the night of October 5, 2014, and the early morning of October 6, 2014, deputies from the Elkhart County Sheriff's Department were dispatched to a security alarm at a trailer factory. Deputy Eric Dilley ("Deputy Dilley") arrived at the factory and observed a white Monte Carlo vehicle with four occupants. Deputy Dilley shined his flashlight towards the vehicle and yelled, "Sheriff's Department stop!" (Tr. Vol. 2 at 82). The Monte Carlo sped out of the parking lot and accelerated westbound. Deputy Dilley was unable to pursue the vehicle and used his radio to notify other law enforcement personnel that the suspect vehicle had fled. The deputy provided a description of the vehicle and indicated the direction of travel.

[¶4] Elkhart County Sheriff's Department's Bryant Byler ("Deputy Byler") heard Deputy Dilley's report and observed a white Monte Carlo driving at a high rate of speed. Deputy Byler activated his emergency lights and siren and pursued the vehicle. The pursuit continued into St. Joseph County, and the vehicle reached speeds in excess of 110 miles per hour.

[¶5] At some point during the pursuit, the vehicle veered off of the road and...

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