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Dunson v. State

Court of Appeals of Indiana

November 18, 2016

Charles Dunson, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Marion Superior Court Trial Court Cause No. 49G20-1412-F5-53840 The Honorable Shatrese Flowers, Judge, The Honorable Peggy Hart, Magistrate

          Attorney for Appellant Michael G. Moore

          Attorneys for Appellee Gregory F. Zoeller Attorney General of Indiana Ian McLean Deputy Attorney General

          Barnes, Judge.

          Case Summary

         [¶1] Charles Dunson challenges his conviction for Level 5 felony carrying a handgun without a license. We affirm.

         Issue

         [¶2] Dunson raises one issue, which we restate as whether the trial court properly admitted into evidence a handgun seized during an investigatory stop.

         Facts

         [¶3] On November 20, 2014, officers from the Indianapolis Metropolitan Police Department were dispatched to the 2400 block of Kenwood Avenue after a number of 911 calls reported men with guns in the area. There was angry shouting audible in some of the calls, and one of the dispatches to police noted those sounds. The dispatchers also relayed reports from callers that there were thirty people gathering and that one caller reported someone was attempting to kick in his door.

         [¶4] Officer Matthew Addington and Deputy William Bennett responded to the dispatches and participated in a traffic stop involving someone thought to be involved in the incident. Meanwhile, Officers Tiffany Wren and Cathy Faulk also responded to the disturbance and spoke with Tamika Coleman, who was the victim of the altercation. Coleman was bleeding around her lips and nose, her nose appeared to be broken, and sections of her hair were torn out. Coleman's shirt was also torn, and there were footprints on her shirt. Coleman was "very upset, she was crying, she was agitated . . . ." Tr. p. 152. While Officers Wren and Faulk talked to Coleman, a man drove past on a scooter or motorcycle, and Coleman indicated to the other nearby officers that he was "involved."[1] Id.

         [¶5] Officer Faulk issued a police radio broadcast indicating she had a "conscious and alert" female who was "bleeding from the face" and then stated "there's a "black male on a silver scooter, he's coming toward you; he may be involved" and described it as a "big scooter, looks like a motorcycle." Ex. 3, track 14. Officer Addington responded, "I see it. It's coming down Kenwood towards Twenty-Second, " and then stated, "I have him detained." Id.

         [¶6] After Dunson stopped his motorcycle, Officer Addington approached him and "noticed a bulge[] in [Dunson's] groin area . . . there was a flat top to it with a shirt over top that. Ah, there's a larger bulge beneath that about the waist line a belt line of the pants of the driver." Tr. p. 67. Officer Addington believed the bulge was a weapon, and he patted Dunson down. Officer Addington discovered a 9mm Ruger in Dunson's waist band and seized it.

         [¶7] The State charged Dunson with Class A misdemeanor carrying a handgun without a license and enhanced the charge to a Level 5 felony because Dunson had a prior conviction for the same offense. Dunson filed two motions to ...


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