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Wright v. State

Court of Appeals of Indiana

February 3, 2015

Julie Wright, 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 fro the Marion Superior Court. The Honorable Amy M. Jones, Judge. The Honorable David Hooper, Magistrate. Cause No. 49F08-1210-CM-72708.

ATTORNEY FOR APPELLANT: Suzy St. John, Marion County Public Defender, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Karl M. Scharnberg, Deputy Attorney General, Indianapolis, Indiana.

Baker, Judge. Vaidik, C.J., and Riley, J., concur.

MEMORANDUM DECISION

Baker, Judge.

[¶1] Julie Wright appeals her conviction for Conversion,[1] a class A misdemeanor. Wright argues that the trial court erred when it excluded testimony from Melissa Williamson that should have been admitted pursuant to Indiana Rule of Evidence 801(d)(1)(B). Finding no error, we affirm.

Facts

[¶2] On October 20, 2012, Wright drove Williamson to a Walmart store on the south side of Indianapolis. Wes Foddrill, a loss-prevention officer at Walmart, noticed the two women enter the store. Wright and Williamson went to the sporting goods area, where they selected three pairs of football gloves from the shelves. The women next entered the greeting card aisle, where Foddrill observed Wright cutting the tags off the gloves with scissors she had taken from a shelf. The two women then walked through the shoe and purse section of the store, and Foddrill saw Williamson put the gloves into her jacket pocket. Foddrill overheard Williamson ask Wright if she could see the gloves and heard Wright respond that she could not.

[¶3] Wright and Williamson then went into the women's restroom, and, when they emerged, Foddrill saw the scissors Wright had used to cut the tags off the gloves protruding from Williamson's purse. The women then walked past all points of sale. At that point, Foddrill stopped them and identified himself. Wright did not cooperate with Foddrill; she threw her purse down and dumped out its contents, saying that she had taken nothing. Williamson hid the stolen gloves under the crane game in the arcade room, and she put the scissors on one of the shelves in the pharmacy area.

[¶4] On October 29, 2012, the State charged Wright with conversion, and a bifurcated bench trial was held on April 28 and May 12, 2014. At trial, Williamson testified that she was solely responsible for taking the gloves and that Wright knew nothing about it. Wright then attempted to introduce evidence that Williamson had also told Foddrill that she alone was responsible at the time the women were confronted at the Walmart. When Wright attempted to introduce Williamson's testimony regarding the statement to Foddrill, the following colloquy occurred:

Defense: Eventually you were apprehended. Is that correct? Williamson: Yes.
Defense: Okay did you make any statements to Lost Prevention?
State: Objection Your Honor, hearsay as to whatever statement she made ...

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