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BAROCAS v. STATE

No. 49A02-1007-CR-732.

949 N.E.2d 1256 (2011)

Trinda BAROCAS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 31, 2011.

Attorney(s) appearing for the Case

Suzy St. John , Marion County Public Defender, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Jodi Kathryn Stein , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MAY, Judge.

Trinda Barocas, while employed as a special education teacher, "flicked"1 a student's tongue with her finger. At trial, she asserted she was not guilty because teachers have qualified immunity for reasonably necessary disciplinary acts. The trial court convicted her of Class B misdemeanor battery.2 As the State did not disprove her defense, we reverse.3

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