GERARDO HURTADO v. State of Indiana

── GERARDO HURTADO v. State of Indiana ── Case No.: 19A-CR-02345 Court: Indiana Court of Appeals Date: May 06, 2020 Author: Judge Robert Altice County of Origin: Bartholomew Category: Criminal Decision: Affirmed Judge Bailey and Judge Crone concur Case Summary Following a jury trial, Gerardo Hurtado was convicted of resisting law enforcement as a Level 6 felony. On appeal, he argues that the State failed to present sufficient evidence to rebut his defense of duress. We affirm. Facts & Procedural History The facts most favorable to Hurtado’s conviction follow. Around 7:00 a.m. on March 11, 2017, Bartholomew County Sheriff’s Deputy Kevin Abner was on routine patrol traveling southbound in the left lane of US 31, a four-lane divided highway, at a speed of approximately 55 mph.