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Jackson v. State

Court of Appeals of Indiana

May 20, 2015

Erica L. Jackson, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 1068

Appeal from the Huntington Superior Court. The Honorable Jeffrey R. Heffelfinger, Judge. Cause No. 35D01-1309-FD-195, 35D01-1310-CM-654.

ATTORNEY FOR APPELLANT: Jeremy K. Nix Matheny, Hahn, Denman & Nix LLP Huntington, Indiana.

ATTORNEY FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; James B. Martin, Deputy Attorney General, Indianapolis, Indiana.

Bailey, Judge. Riley, J., and Barnes, J., concur.

OPINION

Page 1069

Bailey, Judge.

Case Summary

[¶1] Erica L. Jackson (" Jackson" ) appeals her convictions for two counts of Theft, as Class D felonies,[1] and six counts of Check Deception, as Class A misdemeanors.[2] We affirm.

Issues

[¶2] Jackson presents two issues for review:

I. Whether the trial court abused its discretion by refusing a tendered instruction on Check Deception as a lesser-included offense of Theft; and

Page 1070

II. Whether the trial court abused its discretion by admitting evidence obtained in an unduly suggestive photo lineup.

Facts and Procedural History

[¶3] On July 31, 2012, Jackson's checking account had a balance of negative $1,836.51. During the following month, at various locations in Huntington County, Jackson presented seven checks drawn on that checking account. In October of 2012, Jackson presented an eighth check. The majority of these checks included a hand-written driver's license number with two numbers transposed. ...


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