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White v. State

Court of Appeals of Indiana

January 16, 2015

MICHAEL WHITE, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Page 536

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Daniel Pflum, Judge. Cause No. 49G20-1305-FC-29580.

ATTORNEY FOR APPELLANT: HILARY BOWE RICKS, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; J. T. WHITEHEAD, Deputy Attorney General, Indianapolis, Indiana.

RILEY, Judge. VAIDIK, C.J. and BAKER, J. concur.

Page 537

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Appellant-Defendant, Michael White (White), appeals his conviction for Count I, possession of cocaine, a Class C felony, Ind. Code § 35-48-4-6; Count II, possession of marijuana, a Class A misdemeanor, I.C. § 35-48-4-11; and his adjudication as an habitual substance offender, I.C. § 35-34-1-5.

We affirm.

ISSUE

White raises one issue on appeal, which we restate as: Whether the trial court properly admitted the evidence discovered following White's stop and arrest.

FACTS AND PROCEDURAL HISTORY

On May 5, 2013, Indianapolis Metropolitan Police Officer Jana Goode (Officer Goode) was driving home in her personal vehicle on Keystone Avenue in Indianapolis, Indiana, after her shift had ended. At the intersection of Keystone Avenue and 25th Street, Officer Goode observed a tan car exit a fast-food restaurant parking lot directly in front of her car. The tan car drove forward into traffic, hitting a red car in the left lane. Without stopping or exiting his car, the driver of the tan car, later identified as White, backed up, and then pulled forward in between Officer Goode's car and the red car, driving away north-bound on Keystone Avenue. ...


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