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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: BRYAN LEE CIYOU Marion County Public Defender Agency Indianapolis, Indiana

FILED
Jun 15 2009, 8:39 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0809-CR-520

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Mark Stoner, Judge Cause No. 49G06-0708-FC-165220

June 15, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Judge

Case Summary and Issue Danyon McClure appeals his conviction, following a jury trial, of robbery, a Class C felony. For our review, McClure raises a single issue: whether sufficient evidence supports his conviction. Concluding the evidence is sufficient, we affirm. Facts and Procedural History On July 13, 2007, the Sky Bank was robbed. The teller involved in the robbery, Melinda Frederick, filled out a robbery description form within a few minutes after the robbery. On that form, Frederick checked off that the suspect did not have glasses or facial hair. However, less than an hour later, when interviewed by police, Frederick described the man as having peach fuzz on his face and black glasses. On August 1, the investigating detective returned with a photo array, and Frederick identified McClure as the man who robbed the bank. Frederick also testified at the trial and positively

identified McClure as the bank robber. Gilbert Buford was a customer in the bank on the day of the robbery. Buford also identified McClure from a photo array as having been in the bank on the day of the robbery. However, Buford testified that he had no idea a robbery was occurring at the time. Buford also positively identified McClure at trial as the person he had seen in the bank on the day of the robbery. The Sky Bank was equipped with several video surveillance monitors. A video of the robbery taken from the surveillance monitors was admitted into evidence and played for the jury. The man who robbed the bank can be clearly seen in the video and is an African-American male with facial hair and wearing glasses and a hat.
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On August 10, 2007, the State charged McClure with robbery, a Class C felony. On May 15, 2008, McClure's first jury trial ended in a hung jury. McClure was retried on July 14, 2008 and the second jury found him guilty as charged. On August 1, 2008, the trial court held a sentencing hearing and sentenced McClure to seven years executed with the Indiana Department of Correction. McClure now appeals. Discussion and Decision I. Standard of Review In reviewing sufficiency of the evidence claims: [we] must consider only the probative evidence and reasonable inferences supporting the verdict. It is the fact-finder's role, not that of appellate courts, to assess witness credibility and weigh the evidence to determine whether it is sufficient to support a conviction. To preserve this structure, when appellate courts are confronted with conflicting evidence, they must consider it most favorably to the trial court's ruling. Appellate courts affirm the conviction unless no reasonable fact-

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