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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: SUZY ST. JOHN Marion County Public Defender Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

FILED
Apr 19 2012, 9:15 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 49A04-1107-CR-360

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Shatrese Flowers, Commissioner Cause No. 49F19-1102-CM-9551

April 19, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Chief Judge

Case Summary and Issue Following a bench trial, Berry Moss appeals his conviction of criminal conversion, a Class A misdemeanor. Moss presents one issue on appeal: whether sufficient evidence was presented to sustain his conviction for conversion. Concluding the evidence is sufficient, we affirm. Facts and Procedural History On February 11, 2011, Moss entered a Marsh Supermarket in Indianapolis and began picking out various items without the assistance of a shopping cart. Moss began by picking out a potato, which he placed inside the sleeve of his jacket. Moss then proceeded to the deli section and picked out a package of steaks, which he placed inside the waistband of his jacket. Lastly, Moss made his way to the health and beauty aids section of the store and picked out a toothbrush and put it in his front pants pocket. During the course of Moss's shopping, loss prevention officers Evan Strater and Andrew Mattern were observing Moss via the store's live-feed on closed-circuit television. Both Strater and Mattern watched Moss proceed past all points of checkout without paying for the items he had selected and enter the vestibule near the main entrance where shopping carts and seasonal merchandise are kept. Upon entering the vestibule, Moss was apprehended by Strater and Mattern who identified themselves as loss prevention officers. Strater and Mattern found Moss to be in possession of the merchandise he had picked out but had not yet paid for. Moss was charged with criminal conversion, a Class A misdemeanor, and was found guilty following a bench trial on June 30, 2011. He was sentenced to 365 days in

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jail with 363 days suspended and 180 days on probation. conviction of criminal conversion. Discussion and Decision I. Standard of Review

Moss now appeals his

In challenging the sufficiency of the evidence to support a conviction, "we neither reweigh the evidence nor judge witness credibility." Caruthers v. State, 926 N.E.2d 1016, 1022 (Ind. 2010) (quoting Jones v. State, 783 N.E.2d 1132 (Ind. 2003)). We affirm the judgment if there is "substantial evidence of probative value supporting each element of the crime from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt." Id. at 1022. II. Evidence of Conversion The statute defining criminal conversion states: "A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor." Ind. Code

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