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Patch v. State

Court of Appeals of Indiana

July 25, 2014

JENNIFER L. PATCH, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE RANDOLPH SUPERIOR COURT. The Honorable Peter D. Haviza, Judge. Cause No. 68D01-1203-FB-153.

ATTORNEY FOR APPELLANT: DALE W. ARNETT, Winchester, Indiana.

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

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

OPINION

Page 914

MAY, Judge

Jennifer L. Patch appeals her conviction of Class B felony conspiracy to commit burglary.[1] She asserts two issues on appeal:

1. Whether the evidence was sufficient to support her conviction, and
2. Whether the trial court properly denied her motion for mistrial when the prosecutor conferred with a State's witness between direct and cross examinations.

We affirm.

FACTS AND PROCEDURAL HISTORY

In March 2011, Patch, a correctional officer, was dating Cheryl Guise, a percussionist. Guise did not use a bank, but instead kept her cash inside a safe. The safe was located in Guise's house, under a large xylophone and clothing, and the key was in the lock. Only two people knew where Guise kept her safe: her friend, Ann Hicks, and Patch.

After a rehearsal, it was customary for Guise to meet several friends at IHOP. Guise told Patch that she was meeting friends at IHOP on March 16, 2011. Guise emailed Patch two days in advance and put the event on her ...


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