Accordingly, we cannot say that there was insufficient evidence on this basis. Likewise, Captain Flynn testified that he heard Muse admit that she knew that she had previously been warned by the New Castle Police Department not to be at the residence. Nevertheless, Officer Williams testified that Muse admitted that she had been warned of trespass at that location previously. Further, Brandy testified that she and Muse had been getting along. Muse points out that she had been given the warning thirteen months earlier. 3 Muse asserts that she believed that she had a right to be on the property and that her belief was reasonable. However, the amendment did not alter the statutory language at issue in this appeal. To convict Muse of class A misdemeanor criminal trespass, the State was required to prove beyond a reasonable doubt that Muse knowingly entered the real property of Brandy Muse after having been denied entry by that person, and Muse did not have a contractual interest in that property.
#Muse apartments indianapolis trial
Instead, we consider the evidence most favorable to the trial court s ruling and must affirm the conviction unless no reasonable factfinder could find the elements proven beyond a reasonable doubt. When reviewing a challenge to the sufficiency of the evidence, this Court neither reweighs the evidence nor judges the credibility of witnesses. More particularly, Muse contends that she did not possess the mens rea required under the criminal trespass statute and that she was not denied entry by the owner of the apartment complex. DISCUSSION AND DECISION Muse s sole argument on appeal is that the State presented insufficient evidence to sustain her conviction for class A misdemeanor criminal trespass. Later that day, the trial court sentenced Muse to a suspended term of ninety days. On August 21, 2013, the case proceeded to a bench trial, and Muse was found guilty as charged. 2 On March 14, 2011, the State charged Muse with class A misdemeanor criminal trespass. Muse told the officers that she had been at Brandy s apartment and that she had been warned that she was not permitted to be at Brandy s apartment. After Brandy explained what had occurred, Officer Williams and Captain Flynn returned to their police vehicle and attempted to locate Muse however, Muse approached in her vehicle. Brandy called 911, and Officer Andrew Williams and Captain Brad Flynn of the NCPD responded. Muse also tried to force open a window above an air conditioning unit and enter Brandy s apartment. Thirteen months later, on March 13, 2011, Muse arrived at Brandy s apartment and began beating on the door of Brandy s apartment. An officer filed a report on Brandy s behalf and warned Muse that she was not permitted to be at Brandy s residence. FACTS On February 11, 2010, Brandy Muse requested that police officers from the New Castle Police Department (NCPD) warn Muse, Brandy s mother, that she was not allowed to be at Brandy s residence. Finding sufficient evidence, we affirm the judgment of the trial court. Muse now appeals, arguing that the evidence was insufficient to convict her. Muse was at her daughter s apartment after she had been instructed thirteen months earlier that she was no longer permitted to be there. Muse, being convicted of Criminal Trespass,1 a class A misdemeanor. 33C03-1103-CM-135 ApMEMORANDUM DECISION NOT FOR PUBLICATION BAKER, Judge In this case, a mother and daughter s sporadic disputes eventually led to the mother, appellant-defendant Claricea D. 33A04-1309-CR-472 APPEAL FROM THE HENRY CIRCUIT COURT The Honorable Bob A. HEIN Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA CLARICEA D. ZOELLER Attorney General of Indiana CHANDRA K.
Apr 30 2014, 6:47 am ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE: JOHN T. 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.
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