BROWN, J.
Officer Green asked Aguirre for her license, registration, and insurance. Aguirre gave the officer her passport and stated that she did not have a license or insurance. Officer Green ran Aguirre’s information and determined that her license was suspended.
Aguirre was “moving around and not really paying attention,” and Officer Green decided to handcuff Aguirre for officer safety as she was the only officer on the scene. Transcript at 7. The officer testified:
I advised her turn around put your hands behind your back I am going to place you in handcuffs. At that time she did not do what I asked her to do. Her purse was sitting on the hood of her car she dove her hand into her purse. And for safety reasons I pushed her against her car grabbed one hand and handcuffed it. And, I had to forcibly take her other hand out of her purse and at that time she had her phone on her ear she pulled her phone out hit a button. Started yelling they are arresting me. I took the phone out of her hand. Forced her hand back and handcuffed her.
Id.
The State charged Aguirre with resisting law enforcement as a class A misdemeanor and driving while suspended as a class A misdemeanor.MM. . . .
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Here, the lack of evidence is similar to that in Graham and Berberena. The State did not present any evidence that Aguirre herself used force or “made threatening or violent actions” to contribute to the struggle with Officer Green. See Ajabu, 704 N.E.2d at 496. While Officer Green testified that Aguirre “dove her hand into her purse,” which was sitting on the hood of the car, Transcript at 7, “[i]t is error as a matter of law to conclude . . . that ‘forcibly resists’ includes all actions that are not passive.” 903 N.E.2d at 965. Indeed, the record reveals that Aguirre was attempting to answer her cell phone. The record does not indicate any evidence that Aguirre used the requisite force via “strong, powerful, violent means” to evade Officer Green’s rightful exercise of her duties. See Spangler, 607 N .E.2d at 723. There is no evidence that Aguirre stiffened her arms, like the defendant in Johnson, was violent or threatening, or otherwise forcibly resisted Officer Green.
Based upon our review of the record, we conclude that there is insufficient evidence of probative value from which the trial court could reasonably have found beyond a reasonable doubt that Aguirre committed resisting law enforcement as a class A misdemeanor.
KIRSCH, J., concurs.
BAKER, J., dissents with separate opinion:
I must respectfully dissent. While Aguirre’s version of events would lead one to conclude that she is not guilty of resisting law enforcement, this Court is not permitted to reweigh the evidence. And the evidence most favorable to verdict is Officer Green’s testimony that when she grabbed Aguirre’s hand to place it in handcuffs, Aguirre pulled her hand away. Officer Green had to force Aguirre‟s hand into handcuffs. This is sufficient to sustain Aguirre’s conviction for resisting law enforcement.