ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE Suzy St. John Curtis T. Hill, Jr. Ruth Ann Johnson Attorney General of Indiana Marion County Public Defender Agency Indianapolis, IN Stephen R. Creason Michael Gene Worden Deputy Attorneys General Indianapolis, Indiana ______________________________________________________________________________

In the FILED Indiana Supreme Court Oct 03 2017, 11:39 am

CLERK Indiana Supreme Court _________________________________ Court of Appeals and Tax Court

No. 49S02-1707-CR-00500

JEFFERSON JEAN-BAPTISTE, Appellant (Defendant below),

v.

STATE OF INDIANA, Appellee (Plaintiff below). _________________________________

Appeal from the Marion Superior Court, No. 49G19-1604-CM-12899 The Honorable Rebekah F. Pierson-Treacy, Judge _________________________________

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1608-CR-1798 _________________________________

October 3, 2017

Per Curiam.

After a bench trial in Marion Superior Court, Jefferson Jean-Baptiste was convicted of

Class A misdemeanor resisting law enforcement. The Court of Appeals reversed Jean-Baptiste’s

conviction on grounds of insufficient evidence. The Court of Appeals also sua sponte addressed

a constitutional question, and reversed for that reason as well. We granted the State’s petition to

transfer by order dated July 27, 2017. We agree with the Court of Appeals that reversal is warranted because the State failed to

present sufficient evidence to support Jean-Baptiste’s conviction. We therefore summarily affirm

all portions of the Court of Appeals opinion except its sua sponte constitutional analysis and

holding, which remain vacated. See Appellate Rule 58(A). In keeping with our longstanding

principle of constitutional avoidance, we decline to address that issue. See Citimortgage v.

Barabas, 975 N.E.2d 805, 818 (Ind. 2012).

All Justices concur.

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