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FOR PUBLICATION
ATTORNEY FOR APPELLANT: A. FRANK GLEAVES III Marion County Public Defender Agency Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana

MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ANDRE GOODMAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee. ) ) ) ) ) ) ) ) )

No. 49A05-0603-CR-00167

APPEAL FROM THE MARION SUPERIOR COURT CRIMINAL DIVISION, ROOM 4 The Honorable Patricia J. Gifford, Judge The Honorable Amy Barbar, Magistrate Cause No. 49G04-0508-FC-141678

April 4, 2007 OPINION - FOR PUBLICATION

SULLIVAN, Judge

Following a two-phase jury and bench trial, Appellant-Defendant, Andre Goodman, was convicted of Auto Theft as a Class C felony 1 and two counts of Resisting Law Enforcement as a Class D felony 2 and as a Class A misdemeanor, 3 and he was found to be a habitual offender. 4 The trial court sentenced him to an aggregate sentence of ten years executed to be served in the Department of Correction. Upon appeal, Goodman challenges the sufficiency of the evidence to support his convictions and the propriety of the court's enhancing his sentence based upon the habitual offender allegation. We affirm in part, reverse in part, and remand. On August 17, 2005, at approximately 11:00 p.m., Indianapolis Police Officer Charles Tice and his passenger, Officer Josh Reece, were patrolling the 1700 block of Draper Street when undercover officers brought their attention to a white four-door vehicle with a loud muffler heading in their direction. Officer Tice began following the car at a distance of about fifteen feet. At some point the vehicle failed to signal a turn, so Officer Tice activated his red and blue emergency lights and followed it through a parking lot and onto State Avenue, at which point Officer Tice activated his siren. The vehicle accelerated, continuing north on State Avenue, subsequently turning east onto Palmer Street when it turned northbound into an alley. Just before reaching an

intersection with another alley, Officer Tice observed the vehicle's driver's side door

1

Ind. Code

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