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J.B. v. State

Court of Appeals of Indiana

April 23, 2015

J.B., Appellant-Respondent,
v.
State of Indiana, Appellee-Petitioner

Page 52

Appeal from the Marion Superior Court, Juvenile Division. The Honorable Marilyn A. Moores, Judge. The Honorable Geoffrey Gaither, Magistrate. Cause No. 49D09-1407-JD-1740.

ATTORNEY FOR APPELLANT: Kimmerly A. Klee, Greenwood, Indiana.

ATTORNEY FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Brian Reitz, Deputy Attorney General, Indianapolis, Indiana.

Sharpnack, Senior Judge. Kirsch, J., and Bradford, J., concur.

OPINION

Page 53

Sharpnack, Senior Judge

Statement of the Case

[¶1] J.B. appeals from the juvenile court's determination that he committed an act that constituted dangerous possession of a firearm, a Class A misdemeanor.[1] We affirm.

Issue

[¶2] J.B. raises one issue, which we restate as: whether the juvenile court abused its discretion in admitting evidence obtained from J.B.'s encounter with a police officer.

Facts and Procedural History

[¶3] On the evening of July 12, 2014, Officer John Wallace of the Indianapolis Metropolitan Police Department was on patrol in his marked car when he saw J.B. and three other individuals walking along the sidewalk. J.B., who was seventeen years old at the time, saw Wallace's police car and threw a black object into a yard as he continued walking. Officer Wallace was 125 feet from the group, and he noted that the object was " in an L shape" and was approximately six inches long. Tr. p. 16. Officer Wallace has extensive training and experience with firearms, and he believed that the object J.B. discarded was a handgun. Id. at 14.

[¶4] Officer Wallace drove up to J.B. and his companions, got out of the car, and instructed them to sit on the sidewalk. Officer Wallace also requested assistance. When additional officers arrived, Officer Wallace walked to the yard into which he had seen J.B. discard the object. Officer Wallace found a nine millimeter handgun. There was nothing else in the yard ...


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