Yates v. State, 012221 INCA, 20A-CR-330

Docket Nº:20A-CR-330
Opinion Judge:MAY, JUDGE.
Party Name:Teresa Yates, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff
Attorney:ATTORNEY FOR APPELLANT Ellen M. O'Connor Indianapolis, Indiana ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana
Judge Panel:Riley, J., and Altice, J., concur.
Case Date:January 22, 2021
Court:Court of Appeals of Indiana

Teresa Yates, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff

No. 20A-CR-330

Court of Appeals of Indiana

January 22, 2021

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 Linda Brown, Judge Trial Court Cause No. 49G10-1910-CM-038840

ATTORNEY FOR APPELLANT Ellen M. O'Connor Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

MAY, JUDGE.

[¶1] Teresa Yates appeals her conviction of Class B misdemeanor disorderly conduct.1 Yates asserts the State did not present sufficient evidence, and the State concedes it failed to prove Yates committed Class B misdemeanor disorderly conduct. We reverse.

Facts and Procedural History

[¶2] On September 27, 2019, Brandon Arnold, the night manager of an Indianapolis Meijer store, responded to a call from his staff regarding a disruptive person near the checkout lanes. When he arrived, he saw Yates, who was "being loud and kind of cussing and everything[.]" (Tr. Vol. II at 6.) Arnold asked Yates to leave, and she refused. Instead, "she just proceeded to kind of walk through the store and was throwing stuff on the floor - uh, clothing and everything." (Id.) Arnold called 911.

[¶3] When Officer Joshua Coffin arrived, he attempted to talk to Yates, but "she wasn't answering [his] questions" and "this stuff that she was saying did not make sense." (Id. at 10.) Officer Coffin told Yates that she needed to leave, and she told him "that she underst[ood] that she need[ed] to leave." (Id.) Yates left the store, and Officer Coffin followed her outside. Yates "started walking around in a circle in the parking lot" and walked towards a vehicle parked in the parking lot. (Id.) Yates opened the door of the vehicle, and the person inside of the vehicle "yelled at her to get away from his car." (Id.) The interaction "startled" Yates, she stopped trying to get into the car, and police arrested her. (Id.)

[¶4] On October 3, 2019, the State charged Yates with Class A misdemeanor criminal trespass2 and Class B misdemeanor disorderly conduct. On January 14, 2020, the trial court held...

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