MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any May 26 2020, 10:07 am court except for the purpose of establishing the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Matthew D. Anglemeyer Benjamin J. Shoptaw Marion County Public Deputy Attorney General Defender Indianapolis, Indiana Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Godfrey Osunwusi, May 26, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-CR-2461 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Grant Hawkins, Appellee-Plaintiff. Judge The Honorable Peggy Hart, Magistrate Pro Tem Trial Court Cause No. 49G05-1901-F5-2718 Pyle, Judge. Court of Appeals of Indiana | Memorandum Decision 19A-CR-2461 | May 26, 2020 Page 1 of 9 Statement of the Case [1] Godfrey Osunwusi (“Osunwusi”) appeals the four-year and three-month aggregate sentence imposed after a jury convicted him of Level 5 felony intimidation;1 Level 6 felony residential entry;2 Level 6 felony criminal recklessness;3 and Level 6 felony domestic battery.4 He argues that the trial court abused its discretion in sentencing him and that his sentence is inappropriate in light of the nature of his offenses and his character. Concluding that the trial court did not abuse its discretion and that the sentence is not inappropriate, we affirm Osunwusi’s sentence. [2] We affirm. Issues 1. Whether the trial court abused its discretion in sentencing Osunwusi. 2. Whether Osunwusi’s sentence is inappropriate in light of the nature of his offenses and his character. Facts [3] In early 2019, forty-three-year-old Osunwusi and Ngozi Obenade Moses (“Moses”), who are both from Nigeria, were involved in a romantic 1 IND. CODE § 35-45-2-1. 2 I.C. § 35-43-2-1.5. 3 I.C. § 35-42-2-2. 4 I.C. § 35-42-2-1.3. Court of Appeals of Indiana | Memorandum Decision 19A-CR-2461 | May 26, 2020 Page 2 of 9 relationship. At some point, Moses wanted to end the relationship, but Osunwusi did not. [4] In mid-January 2019, Moses and her roommate, Mary Onoja (“Onoja”), were planning a shopping trip. While they were talking, Osunwusi “barge[d] into” the women’s apartment and asked them what they were doing. (Tr. Vol. 2 at 178). Moses told Osunwusi that she and Onoja were going shopping. Later that day, while Moses and Onoja were shopping, they noticed Osunwusi, who appeared to be following them throughout the store. When the two women were ready to leave the store, Osunwusi insisted on giving them a ride home. [5] As Moses and Onoja approached their front door, they noticed that it was open, and that snow had blown into their apartment. Osunwusi entered the apartment with Moses and Onoja, and Moses asked him to leave. Osunwusi began shouting at Moses but eventually left. [6] The following evening, before Moses and Onoja went to bed, Moses locked the front door and placed a chair against it. Moses took her one-year-old daughter upstairs ...
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