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FOR PUBLICATION

FILED
Dec 23 2009, 8:31 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DAVID W. STONE Anderson, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BRANDON B. WILKERSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 48A05-0908-CR-458

APPEAL FROM THE MADISON CIRCUIT COURT The Honorable Fredrick R. Spencer, Judge Cause No. 48C01-0206-FB-181

December 23, 2009

OPINION - FOR PUBLICATION

BROWN, Judge

Brandon Wilkerson appeals the revocation of his probation. Wilkerson raises two issues, which we revise and restate as follows: I. II. We affirm. The facts most favorable to the probation revocation follow. On July 21, 2004, Wilkerson was sentenced to twenty years in the Department of Correction after pleading guilty to armed robbery as a class B felony. Wilkerson was recommended for placement in the Plainfield Correctional Facility so that he could work on attaining his G.E.D. as well as on post-secondary education. On August 13, 2007, Wilkersons sentence was modified to work release. On November 5, 2007, Wilkersons sentence was modified to probation. On February 9, 2009, Anderson Detective Kevin Earley who was assigned to the Madison County Drug Task Force received information that Wilkerson was selling cocaine from an apartment in the West Manor Apartments located at 2207 Fulton Street. Anderson Detectives Early, Stephon Blackwell, and Clifford Cole observed Wilkerson outside of the apartment building dressed in a black hooded coat. Soon after, the Whether the evidence is sufficient to support the revocation of his probation; and Whether the trial court abused its discretion by ordering Wilkerson to serve his entire remaining suspended sentence.

detectives called for a uniformed officer who came out and accompanied the detectives to Apartment 7. After the uniformed officer knocked at the door, a woman answered and gave them permission to enter the apartment. Inside, "[t]here was an [sic] . . . strong odor 2

of marijuana in the air as well as smoke." Transcript at 42. Wilkerson was in the apartment along with two other people. There was a cigar on the floor between two individuals that field tested positive for marijuana. Wilkerson was placed under arrest, and a search incident to the arrest was conducted. Detective Earley searched the same black hooded jacket he had observed Wilkerson wearing outside, which was hanging on the chair Wilkerson had been sitting in, and they found a digital scale containing "white residue . . . that field tested positive for cocaine." Id. at 43. Wilkerson was also found to have $580.00 cash on his person. The woman who gave the detectives permission to enter Apartment 7 gave a statement that the jacket belonged to Wilkerson. Later on the same day, Detective Cole received information from a confidential informant that there was cocaine at 1412

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