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Canfield v. State

Court of Appeals of Indiana

July 25, 2019

Kristapher D. Canfield, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.

          Appeal from the Lawrence Superior Court The Honorable William G. Sleva, Judge Trial Court Cause No. 47D02-1805-F4-703

          Attorney for Appellant Emily Grothoff Lawrence County Public Defender Agency Bedford, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Matthew B. MacKenzie Deputy Attorney General Indianapolis, Indiana

          Brown, Judge.

         [¶1] Kristapher D. Canfield appeals his conviction for possession of methamphetamine as a level 5 felony. He raises four issues which we consolidate and restate as:

         I. Whether the trial court abused its discretion in admitting certain evidence; and

         II. Whether the evidence is sufficient to sustain his conviction. We affirm.

         Facts and Procedural History

         [¶2] On May 9, 2018, Bedford Police Major Jeremy Bridges was advised by dispatch of an anonymous call regarding a male in a Taco Bell uniform outside the restaurant near the dumpster area of the parking lot who appeared to pull something from his waist and that the item might have been an illegal substance. He and Bedford Police Sergeant Blake Wade arrived at the Taco Bell within a couple of minutes, entered it, and identified Canfield based upon the description that was given by dispatch. Major Bridges went to the cash register and asked Canfield if he could speak with him, Canfield said that he needed to tell his manager, and Major Bridges told him that was fine. Canfield walked back to the food preparation area. Major Bridges observed him stand off to the left side of the area and that he "appeared to be digging around his waistband area." Transcript Volume II at 70. He heard something fall at one point which he later determined was a pizza box, and Canfield "kind of squatted down and then came back up shortly after" and "it was like he picked up something or had moved something." Id. Canfield then turned and approached Major Bridges while eating a slice of pizza. Major Bridges asked Canfield if he would step outside so that they would not disrupt the business, he agreed, and they and Sergeant Wade went outside.

         [¶3] Major Bridges then advised Canfield of the complaint, asked him his name, and stated that he was going to go back in to speak to the manager to see if he could obtain consent to search where Canfield was last seen standing. When he told Canfield that he had reason to believe that Canfield possibly had tried to hide an item, he became extremely nervous and "started fidgeting really nervously" and "[h]is speech started speeding up, slowing down, it was just a nervous speech." Id. at 71. Major Bridges went back inside the restaurant.

         [¶4] Sergeant Wade observed that Canfield appeared to be "very nervous," fidgety, agitated, "swaying a little bit," and was "trying to eat a piece of pizza in a rapid manner." Id. at 41. Canfield's actions made Sergeant Wade "feel like [he] should check his person for weapons since [he] was by [himself] with him." Id. at 45. Sergeant Wade stated: "You know, given your state of what you're doing, I'm going to pat you down for officer safety." Id. at 41. He pulled away the kitchen apron Canfield was wearing over the outside of his clothing, noticed that the fly of Canfield's pants was undone and pulled open, and asked him why. Canfield said, "I don't have anything on me." Id. Sergeant Wade concluded the outer pat-down of his pants pockets and waistband area.

         [¶5] Meanwhile, Major Bridges advised the manager of the complaint and requested permission to go to the back where Canfield was seen digging in his waistband, and she granted him consent to search the area and walked him back through the food preparation area. He took a quick look around, noticed the pizza box, looked down under a wire rack, and saw a bag containing several smaller bags with white crystal powdery substance inside about six to seven inches under the shelving, which later tested positive for methamphetamine and weighed 4.23 grams. He picked up the bag, walked outside, and advised Canfield what he had found. Canfield began asking if he could speak to somebody and advised that he thought he could "get some big players." Id. at 82.

         [¶6] Sergeant Wade transported Canfield to the Bedford Police Department where he was Mirandized. Canfield again requested to speak to a drug detective "advising that the items found had came from the plug or the source, that he can get some big players . . . ."[1] Id. at 84. Major Bridges asked Canfield how much he thought he had on him at the time, and he said three grams or so.

         [¶7] On May 10, 2018, the State charged Canfield with possession of methamphetamine as a level 4 felony. It also filed a notice of intent to seek an enhanced penalty based upon a prior conviction.

         [¶8] On July 17, 2018, Canfield filed a motion to suppress and asserted that the police illegally detained him, searched the area he was ordered to exit, and seized evidence from that search. In August 2018, the court held a hearing at which Major Bridges, Sergeant Wade, and Canfield testified, and on September 26, 2018, the court denied the motion to suppress. On October 25, 2018, Canfield filed a motion to certify the order for interlocutory appeal, which the court denied. That same day, the State filed a motion for leave to amend the information to modify the charge to a level 5 felony, and the court granted the motion.

         [¶9] On October 30, 2018, a bench trial was held. During Major Bridges's testimony, Canfield's counsel asked the court to disallow any testimony about anything that occurred after Canfield was taken outside, which the court denied. The court admitted evidence that Canfield had a prior conviction for dealing in methamphetamine as a class B felony. It found ...

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