Whittington v. State

STATON, Judge.

Eric Whittington appeals his conviction for disorderly conduct, a class B misdemeanor.1 He presents for this court's review the sole issue of whether there is sufficient evidence to sustain the conviction.

We reverse.

On May 12, 1998, Officer Anthony Finnell responded to a report of a domestic dispute at an Indianapolis apartment. Rhonda Whittington (Erie's sister) reported that Whittington had struck her in the abdomen. As Officer Finnell gathered information and summoned an ambulance, Whittington continued to argue with his sister's boyfriend. Whittington was unresponsive to the…