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Fleming v. State

Court of Appeals of Indiana

March 13, 2014

JENNIFER FLEMING, 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 ALLEN SUPERIOR COURT. The Honorable Wendy W. Davis, Judge. Cause No. 02D05-1211-FA-46.

ATTORNEY FOR APPELLANT: RANDY M. FISHER, Fort Wayne, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, JODI KATHRYN STEIN, Deputy Attorney General, Indianapolis, Indiana.

FRIEDLANDER, Judge. KIRSCH, J., and BAILEY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Jennifer Fleming appeals her conviction of Dealing in Methamphetamine,[1] a class A felony, Possession of More Than 10 Grams of a Precursor,[2] a class D felony, and Possession of Marijuana, Hash Oil, Hashish, Salvia, or a Synthetic Drug,[3] a class A misdemeanor. Fleming presents the following restated issues for review:

1. Did the trial court err in admitting statements made to police by Fleming?
2. Did the trial court err in permitting a narcotics detective to give skilled witness testimony about the characteristics of personal drug use and drug dealing?
3. Was the evidence sufficient to support Fleming's conviction for dealing in methamphetamine?

We affirm.

The facts favorable to the convictions are that at about 11:00 p.m. on November 21, 2012, Detective Mark Deshaies of the Fort Wayne Police Department saw Fleming operate her vehicle across the centerline on U.S. 33 and initiated a traffic stop. As he approached her, Detective Deshaies observed that Fleming's hands were shaking, she moved in short, jerky motions, and her eyes blinked rapidly. In Detective Deshaies's experience, these were symptoms of methamphetamine consumption. He asked Fleming to exit her vehicle and perform field sobriety tests. Once outside the vehicle, Fleming hopped from foot to foot, made quick motions with her hands, adjusted ...


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