Corey Gilbert Brown v. State of Indiana (mem. dec.), 49A02-1604-CR-774

Brown was convicted of Class A misdemeanor resisting law enforcement following a bench trial in Marion Superior Court.
The charging information cited Indiana Code § 35-44.1-3-1(a)(2), but the charging language aligned with the elements of subsection (a)(1).
Officer Shawn Smith encountered Brown after responding to a disturbance and attempted to detain him for a pat-down; Brown resisted and pulled away.
The struggle occurred on a public street, ending with officers subduing Brown after Brown continued to pull away and walk away.
Brown challenged the sufficiency of the evidence for subsection (a)(2), and moved to dismiss under Trial Rule 41(B); the trial court denied.
The Indiana Court of Appeals affirmed the conviction but remanded to correct a clerical error in the sentencing order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proves resisting law enforcement under (a)(2)	Brown	Brown	Evidence supports resisting under (a)(1), not (a)(2)
Clerical errors in charging information deprive notice	Brown had notice based on charging language	Brown lacked proper notice due to wrong subsection	No reversible error; notice adequate; conviction affirmed
Correctability of clerical errors in sentencing	Brown	State	Remand for correction of sentencing order citation

Willey v. State, 712 N.E.2d 434 (Ind. 1999) (remand for clerical sentencing corrections)
Truax v. State, 856 N.E.2d 116 (Ind. Ct. App. 2006) (charging language should convey offense meaning)
Johnson v. State, 833 N.E.2d 516 (Ind. Ct. App. 2005) (turning away and pushing away sufficient for resisting law enforcement)
Alvers v. State, 489 N.E.2d 83 (Ind. Ct. App. 1986) (defects in charging instrument prejudice requirement)
Hestand v. State, 491 N.E.2d 976 (Ind. 1986) (notice defects may be non-prejudicial)
Wright v. State, 658 N.E.2d 563 (Ind. 1995) (clear notice in charging information essential)