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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Feb 28 2012, 9:10 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: PATRICIA CARESS McMATH Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-1106-CR-295

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven R. Eichholtz, Judge Cause No. 49G20-1003-FA-023463

February 28, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Antwan Rush ("Rush") was convicted of two counts of Dealing in Cocaine, as Class A felonies,1 and one count of Possession of Marijuana, as a Class A misdemeanor.2 He now appeals. We affirm. Issues Rush poses several issues for our review,3 which we restate as: I. Whether the trial court erred when it ruled against his Batson challenges to the States peremptory striking of two African Americans from the venire; and Whether there was sufficient evidence to support his convictions for a. Dealing in Cocaine in an Indianapolis house; and b. Dealing in Cocaine and Possession of Marijuana in a vehicle Rush had been driving. Facts and Procedural History In the early morning hours of March 8, 2010, Rush was driving a blue Trailblazer on 38th Street in Indianapolis, when Officer Travis Hunter ("Officer Hunter") observed that the vehicle had a cracked taillight. Officer Hunter initiated a traffic stop and learned that Rushs driving privileges had been suspended. Two other officers, Jeffrey Widmer ("Officer

II.

1 2

Ind. Code 35-48-4-1. I.C.

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