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FILED
Jun 27 2008, 8:35 am

FOR PUBLICATION
ATTORNEY FOR APPELLANT: SUSAN D. RAYL Indianapolis, Indiana

of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General Of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BOBBY ROBINSON a/k/a STEVEN SMITH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-0711-CR-634

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Patrick Murphy, Judge Cause No. 49G23-0702-FD-34163

June 27, 2008 OPINION - FOR PUBLICATION

Bradford, Judge

Appellant/Defendant Bobby Robinson a/k/a Steven Smith appeals from his convictions for Class B felony Cocaine Possession1 and Class A misdemeanor Paraphernalia Possession.2 Robinson contends that police did not have probable cause to arrest him and that Indiana Code section 35-38-4-6(b)(2)(B), which defines Class B felony Cocaine Possession, is unconstitutional for various reasons. We affirm. FACTS AND PROCEDURAL HISTORY At approximately 10:00 a.m. on February 28, 2007, Indianapolis Metropolitan Police Officer Mark Ayler was dispatched to the Red Carpet Inn near the intersection of High School Road and 38th Street. Officer Ayler arrived and met Indianapolis Metropolitan Police Officer Kevin Jennings and Sherrie Hannon at the front desk of the hotel. Hannon told the police that she had been staying at the Red Carpet Inn for three days and that she had let Robinson into her room at approximately 5:00 a.m. According to Hannon, at

approximately 9:00 a.m., Robinson telephoned a person called "Nephew" and told him to bring some crack cocaine to the Red Carpet Inn, which crack cocaine Robinson subsequently purchased for $50.00. At this point, Hannon handed the police a towel that contained what appeared to be a pipe for smoking crack cocaine. Hannon told police that she and Robinson had both smoked crack cocaine and that she had called police because he had begun to act "funny" to the point where she had become concerned that he would harm or rob her. Tr. p. 22. Hannon told police that there was more

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Ind. Code

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