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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.

ATTORNEY FOR APPELLANT: LAURA M. TAYLOR Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0612-CR-1133

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Reuben Hill, Judge Cause No. 49F18-0605-FD-77146

August 29, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

August Trotter was convicted of Theft as a Class D felony 1 and adjudicated an habitual offender. On appeal, Trotter contends that the evidence is insufficient to support his conviction for theft and his three-year sentence for theft is inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY At approximately 3:30 a.m. on the morning of April 29, 2006, James Burdine, a security officer at the Express Parking Garage in Indianapolis observed Trotter on the fifth floor of the garage. It appeared to Burdine that Trotter was in the process of throwing something over the wall of the garage. Trotter was standing near the garage wall. Behind him were several items on the floor, including a brief case, day planner, and backpack. The items belonged to Adam and Molly Chambers and had been removed from their car that was parked on the fifth floor of the garage. Burdine stopped Trotter and conducted a search which produced a knife, a screwdriver, pliers, gloves, and a backpack containing femine undergarments and hygiene products. Burdine summoned police. On the second floor of the garage which had a protruding glass awning, police found a day planner belonging to Molly Chambers. Following a bench trial, Trotter was convicted of theft and adjudicated an habitual offender. The trial court sentenced him to three years executed on the theft conviction enhanced by two years for the habitual offended determination.

DISCUSSION
1

Ind. Code

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