Berberena v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Edwin Berberena appeals his conviction for Resisting Law Enforcement, as a Class A misdemeanor, following a bench trial. He presents a single issue for our review, namely, whether the State presented sufficient evidence to support his conviction.

We reverse.

FACTS AND PROCEDURAL HISTORY

On October 5, 2008, Berberena and his fiancee were walking down an Indianapolis street when they began to argue. Officer William Amberger observed Berberena "pushing" his fiancee in the head, and the officer intervened. Transcript at 8. Officer Amberger approached the…