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953 N.E.2d 593

Aguirre v. State

Indiana Court of Appeals

Decided August 25, 2011

Indiana Court of Appeals · decided 2011-08-25

Cited by 2 later decisions — most recently September 2016

2 state decisions

Relies on Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2011-08-25

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BAKER, Judge,

¶1dissenting.

¶2I must respectfully dissent. While Aguirre’s version of events would lead one to conclude that she is not guilty of resisting law enforcement, this Court is not permitted to reweigh the evidence. And the evidence most favorable to verdict is Officer Green’s testimony that when she grabbed Aguirre’s hand to place it in handcuffs, Aguirre pulled her hand away. Officer Green had to force Aguirre’s hand into handcuffs. This is sufficient to sustain Aguirre’s conviction for resisting law enforcement. See Johnson v. State, 833 N.E.2d 516, 518-19 (Ind. Ct.App.2005) (affirming the defendant’s conviction for resisting law enforcement where the defendant “ ‘stiffened up,’ requiring that the officers exert force to place him inside the transport vehicle”). Therefore, I would affirm Aguirre’s conviction.

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