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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.

FILED
Mar 18 2008, 9:46 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JONATHAN W. SLAGH The Law Office Of Jonathan W. Slagh South Bend, Indiana

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

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

No. 20A03-0703-CR-103

APPEAL FROM THE ELKHART CIRCUIT COURT The Honorable Terry Shewmaker, Judge Cause No. 20C01-0603-FA-23

March 18, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Following a jury trial, Curtis McBride appeals his conviction for Dealing in Cocaine 1 as a class A felony and Possession of Marijuana 2 as a class D felony. McBride presents the following restated issues for review: 1. Did the State present sufficient evidence to support McBride's dealing in cocaine and possession of marijuana convictions? Is McBride's sentence appropriate in light of the nature of the offenses and his character?

2.

We affirm. The facts most favorable to the conviction reveal that on March 21, 2006, Elkhart City Police Sergeant Todd Thayer received a complaint from the manager of River Run Apartments regarding apartment 209. Sergeant Thayer and Corporal Laura Robbins went to the apartment and smelled the strong odor of burnt marijuana coming from inside the apartment. Sergeant Thayer knocked on the apartment door, and Fierra Pratcher, who lived in the apartment and was McBride's cousin, opened the door and let the police officers inside. Upon entering the apartment, Sergeant Thayer heard a noise coming from the bedroom and asked Pratcher if anyone else was in the apartment. Pratcher responded that her cousin was in the bedroom. The sergeant then saw a man, who was later identified as McBride, "dash" from the bedroom to the bathroom. Transcript Volume II at 30. Sergeant Thayer, concerned that the man might have a weapon or might be trying
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Ind. Code Ann.

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