Court of Appeals of Indiana | Memorandum Decision 49A05-1510-CR-1759 | June 15, 2016 Page 1 of 4 

### MEMORANDUM DECISION 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.

A TTORNEY FOR A PPELLANT Timothy J. Burns Indianapolis, Indiana A TTORNEYS FOR A PPELLEE Gregory F. Zoeller Attorney Geneneral Karl M. Scharnberg Deputy Attorney General Indianapolis, Indiana



### IN THE 

# COURT OF APPEALS OF INDIANA

Yosef Abraham, A

ppellan t -Defendant,

v. 

### State of Indiana, A

ppelle e -Plaintiff June 15, 2016 Court of Appeals Case No. 49A05-1510-CR-1759 Appeal from the Marion Superior Court The Honorable Amy Jones Trial Court Cause No. 49G08-1410-CM-48485

Vaidik, Chief Judge.Court of Appeals of Indiana | Memorandum Decision 49A05-1510-CR-1759 | June 15, 2016 Page 2 of 4 

# Case Summary

[1] Yosef Abraham challenges the sufficien cy of the evidence supporting his conviction for public nudity. We affirm. 

# Facts and Procedural History

[2] Three police officers were in a gas station in Speedway when Abraham, who was completely nude, walked in and star ted yelling “I’ll kill you,” among other things. Tr. p. 9. The officers arrest ed Abraham, and the State later charged him with public nudity with the inte nt to be seen by another person. See Ind. Code § 35-45-4-1.5(c). At a bench tr ial, Abraham testified that he was “stressed” about his son, that he was su icidal, that he left his house “to find some help or assistance,” that he ente red the gas station ho ping the officers would “save [his] life,” and that he had no intention of bein g nude in front of people but did not have “time to think abou t that.” Tr. p. 22-23. The trial court nonetheless found Abraham guilty, explaini ng, “I don’t find this testimony to be credible and I find it to be self-s erving on behalf of the defendant.” Id. at 25. The trial court placed Abraham on prob ation and, pursuant to the State’s request, ordered him to have a mental health evaluation.

[3] Abraham now appeals.Court of Appeals of Indiana | Memorandum Decision 49A05-1510-CR-1759 | June 15, 2016 Page 3 of 4 

# Discussion and Decision

[4] Abraham contends that the State failed to present sufficient ev idence to support his conviction. In reviewing the suffi ciency of the evidence supporting a conviction, we consider only the probati ve evidence and reasonable inferences supporting the judgment. Wilson v. State , 39 N.E.3d 705, 716 (Ind. Ct. App. 2015), trans. denied . We do not reweigh the ev idence or assess witness credibility. Id. We consider conflicting ev idence most favorably to the judgment. Id. We will affirm the conviction unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. Id. It is not necessary that the evidence overcome every r easonable hypothesis of innocence. Id. The evidence is sufficient if an inference may reasonably be drawn from it to support the verdict. Id.

[5] In order to convict Abraham of public nudity as a Class B misdemeanor, the State had to prove beyond a reasonab le doubt that he (1) knowingly or intentionally appeared in a public place in a state of nudity and (2) did so with the intent to be seen by another person. See I.C. § 35-45-4-1.5(c). Abraham concedes that he appeared in a public pl ace in a state of nud ity, but he argues that he did not do so knowingly or with th e intent to be seen by another person. Relying on his own testimony, he asserts that he “may have been experiencing a type of psychotic episode” and “had no time to thin k of himself as being nude when he left his home.” Appellant’s Br. p. 9. However, the trial court determined that Abraham’s explanatio n was not credible, and we will not reassess witness credibility. See Wilson , 39 N.E.3d at 716.Court of Appeals of Indiana | Memorandum Decision 49A05-1510-CR-1759 | June 15, 2016 Page 4 of 4 [6] Affirmed.
Barnes, J., and Mathias, J., concur.