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FOR PUBLICATION

ATTORNEY FOR APPELLANT: MARCE GONZALEZ, JR. Merrillville, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ANTOINE BROWN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A05-0503-CR-166

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Thomas Stefaniak, Judge Cause No. 45G04-0312-FD-253

December 19, 2005 OPINION - FOR PUBLICATION

CRONE, Judge

Case Summary Antoine Brown appeals the denial of his motion to vacate his conviction in absentia for possession of cocaine as a class D felony. We affirm. Issue Brown raises one issue: whether he voluntarily waived his right to be present at his jury trial. Facts and Procedural History During the early evening of November 8, 2003, Anthony Rivera, a police officer for the City of Gary, was on patrol in the area of 200 East 43rd Avenue when he saw several people in the street. Tr. at 11-13. Officer Rivera, who was in full uniform, stopped his marked police vehicle, exited the car, and observed a man in a gray coat and white hat turn and begin walking away. As the man

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