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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: MARCE GONZALEZ, JR. Dyer, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana TAMARA WEAVER Deputy Attorney General Indianapolis, Indiana

FILED
Dec 21 2010, 9:29 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
CHRETIEN A. ARNOLD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 45A03-1004-CR-210

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Diane R. Boswell, Judge Cause No. 45G03-0806-FB-44

December 21, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Chretien A. Arnold appeals his convictions for two counts of Class B felony robbery. Arnold argues that the evidence is insufficient to sustain his conviction on the second count because the proof at trial materially varied from the facts alleged in the charging information. jeopardy. He argues alternatively that his convictions violate double

We conclude that (I) there is sufficient evidence to support Arnold's

conviction on Count II as charged and (II) Arnold's convictions do not violate double jeopardy. We affirm. Facts and Procedural History James Reitsma was the owner and manager of the Birchwood Apartment Complex. His son Zacharie was employed by the complex as a maintenance man. One afternoon, James and Zacharie were inside the apartment complex office. At some point Zacharie exited the office to go work on an apartment. Zacharie was walking outside when he was confronted by Arnold and an accomplice. They were armed with a pistol and a shotgun, respectively, and they instructed Zacharie to go back inside. Zacharie reentered the office with Arnold and the accomplice behind him. Arnold and his accomplice told Zacharie to lie on the floor and empty his pockets. Arnold asked where the cash was, and James said that there was money in the desk drawer. Arnold took money and checks from inside the drawer and ordered James to the ground. Arnold instructed James to hand over his wallet. James kept his wallet but gave Arnold the money inside it. Arnold also reached into James' pants pocket and pulled out some more cash. Arnold proceeded to grab Zacharie's cigarettes, knife, and cell phone. He threw 2

the cell phone against the wall in an attempt to disable it. He did the same with James' cell phone, and he threw the office desk phone and computer monitor onto the floor. Arnold and his accomplice left the office but were apprehended by law enforcement shortly thereafter. The State charged Arnold with two counts of Class B felony robbery, Ind. Code

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