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Bowens v. State

Court of Appeals of Indiana

December 9, 2014

TERRANCE BOWENS, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Steven R. Eichholtz, Judge. Cause No. 49G20-1308-FB-53447.

FOR APPELLANT: FREDERICK VAIANA, Voyles Zahn & Paul, Indianapolis, Indiana.

FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, CHANDRA K. HEIN, Deputy Attorney General, Indianapolis, Indiana.

CRONE, Judge. NAJAM, J., and BAILEY, J., concur.

Page 427

OPINION

CRONE, Judge

Case Summary

Terrance Bowens challenges the sufficiency of evidence to support his conviction for class B felony unlawful possession of a firearm bye a serious violent felon (" SVF" ). Finding the evidence sufficient, we affirm.

Facts and Procedural History

The facts most favorable to the verdict are as follows. On August 14, 2013, an emergency medical crew was dispatched to an Indianapolis residence. When the crew arrived, they observed Bowens bending over a walker and vomiting. The paramedic noticed that Bowens's coat was swinging from side to side, indicating that a heavy item was inside. The crew approached Bowens, placed him on a stretcher, and loaded him into the ambulance.

Immediately thereafter, the emergency medical technician (" EMT" ) asked Bowens if he had any weapons. Bowens became defensive and asked why she wanted to know. She explained that it was a routine question based on safety concerns. She asked him to remove his coat, shoes, and pants so that she could take his vital signs and assess his condition. He complied with respect to his shoes and pants but repeatedly refused to remove his coat. He eventually took his arms out of the coat but shoved his hands into the left coat pocket. When the EMT instructed him to completely remove his coat, he yelled and cursed, still refusing to comply. The EMT moved away from the agitated Bowens, who eventually removed the coat and placed it inside a biohazard bag with his other belongings. The EMT moved the bag beyond Bowens's reach.

At the hospital, the emergency medical crew consulted with hospital security officers concerning Bowens's behavior in the ambulance. Pursuant to hospital policy, all patient packages are subject to search, and no one except law enforcement is allowed to possess a weapon on hospital grounds. The security officers went to Bowens's room and informed him that they would be taking his bag and running it through an x-ray scan to determine whether

Page 428

it contained a weapon. One of the officers picked up the bag and gave it to the other, and Bowens jumped off the bed and tried to push his way toward the bag. The officers handcuffed him. The scan of ...


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