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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: KIMBERLY A. JACKSON Indianapolis, Indiana

FILED
Dec 09 2008, 9:22 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0803-CR-156

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Michael Jensen, Magistrate Cause No. 49G20-0402-FA-20942

December 9, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Curtis Chapman appeals his conviction for class C felony possession of cocaine.1 We affirm. ISSUE Whether the evidence was sufficient to support Chapman's conviction. FACTS On February 3, 2004, Jeffrey McPherson, a narcotics investigator with the Metropolitan Drug Task Force, served a warrant on the Indianapolis home of Conway Jefferson to search for evidence of drug trafficking. Officers had conducted surveillance of the residence for approximately thirty minutes prior to serving the warrant and did not observe anyone enter or leave the residence. Upon entering the home, Officer McPherson "smelled the odor of burning or burnt marijuana." (Tr. 361). Chapman, Jefferson and Andre Davis were playing cards in the dining room. A marijuana cigarette and a "clear plastic bag with marijuana in the bag" were lying on the dining room table. (Tr. 494). As he entered the kitchen, Officer McPherson "smelled what [he] knew to be associated with cooking cocaine, making powder cocaine into crack." (Tr. 361). He also observed what appeared to be cocaine in a Pyrex measuring cup next to the kitchen sink. The Pyrex measuring cup was sitting in a pan, which contained water and ice cubes.

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Ind. Code

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