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Jackson v. State

Court of Appeals of Indiana

March 3, 2014

DAWN JACKSON, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE HAMILTON SUPERIOR COURT. The Honorable Wayne A. Sturtevant, Judge. Cause No. 29D05-1210-FD-9964.

ATTORNEY FOR APPELLANT: MICHAEL FRISCHKORN, Frischkorn Law LLC, Fortville, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, ANGELA N. SANCHEZ, Deputy Attorney General, Indianapolis, Indiana.

BRADFORD, Judge. KIRSCH, J., and MAY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge.

CASE SUMMARY[1]

Between July 25, 2011 and May 25, 2012, Appellant-Defendant Dawn Jackson filled eleven prescriptions for a narcotic medication at a CVS Pharmacy in Noblesville. In September of 2012, CVS Pharmacies sent an informational letter to Central Indiana Orthopedics ("CIO") noting that a doctor at CIO had consistently prescribed narcotic medications to Jackson. The letter outlined the dangers of prolonged use of narcotic medications. CIO's operations manager checked CIO's records and learned that Jackson had not been seen at CIO since February of 2011, and that CIO did not have a record of any prescriptions written for Jackson since that time. The CIO operations manager subsequently reported the matter to police.

Appellee-Plaintiff the State of Indiana subsequently charged Jackson with eleven counts of Class D felony counterfeiting. Prior to trial, Jackson moved to suppress certain evidence relating to the eleven prescriptions for the narcotic medication. This motion was denied. At trial, Jackson objected to the admission of the challenged evidence. Jackson's objection to the admission of this evidence was overruled. Following a jury trial, Jackson was found guilty as charged. On appeal, Jackson contends that the trial court abused its discretion in admitting certain evidence at trial. Jackson also contends that the evidence is insufficient to sustain her convictions for Class D felony counterfeiting. We affirm.

FACTS AND PROCEDURAL HISTORY

At some point prior to February of 2011, Dr. Francesca Tekula, a neurosurgeon at CIO, treated Jackson for a back injury and provided Jackson with a prescription for Norco, a generic narcotic pain medication. On February 28, 2011, Jackson called CIO and requested an early refill of her Norco prescription. Dr. Tekula authorized the refill but noted that she would not provide any further prescriptions for Jackson because Jackson's care was being turned over to a different physician.

Between July 25, 2011 and May 25, 2012, Jackson filled eleven prescriptions for Norco at a CVS Pharmacy in Noblesville. Each of the prescriptions was for ninety pills and purported to be written by Dr. Tekula. In September of 2012, CVS Pharmacies sent an informational letter to CIO noting that Dr. Tekula had consistently prescribed narcotic medications to Jackson. The letter outlined the dangers of prolonged use of narcotic medications. CIO's operations manager, Jim McCullaugh, checked CIO's records and learned that Jackson had not been seen at CIO since February of 2011, and that CIO did not have a record of any prescriptions written for Jackson since that time.

After discovering that the prescriptions in question had not been written or authorized by Dr. Tekula, McCullaugh reported the matter to police. Detective Timothy Hendricks of the Noblesville Police Department spoke with McCullaugh about the allegedly unauthorized prescriptions. Detective Hendricks then went through the statutory authorization process to obtain a username and password permitting him to access the INSPECT[2] database. From this database, Detective Hendricks discovered that Jackson had filled nine prescriptions for Norco since July of 2011, and that each of these prescriptions were allegedly written by Dr. Tekula. Detective Hendricks then contacted the CVS pharmacy where the prescriptions had been filled and obtained copies of the prescriptions.

At some point, Jackson was interviewed by police. Jackson admitted to filling all eleven of the prescriptions in question and acknowledged that the pharmacy verified her identity and wrote her driver's license number on each prescription when it was filled. Jackson told police that she had called CIO and begged a nurse for each prescription due to continuing pain. She stated that a nurse arranged the prescriptions for her and that she picked them up from the CIO office. Jackson, however, could not name the nurse or anyone else from CIO who had allegedly helped her.

On October 29, 2012, the State charged Jackson with eleven counts of Class D felony counterfeiting. On March 8, 2013, Jackson filed a motion to suppress certain evidence relating to the eleven prescriptions for Norco. Jackson's motion was denied following a hearing on April 30, 2013. On June 13, 2013, the trial court conducted a jury trial. Jackson objected to the admission of the challenged evidence at trial. Jackson's objections were overruled. Dr. Tekula testified during trial that she did not write any of the prescriptions at issue, she had no record of authorizing anyone else to write the prescriptions for Jackson, the prescriptions contained a notation that she does not use, and the signature on each of the prescriptions was not her signature. Following the conclusion of trial, ...


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