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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
Feb 15 2011, 9:39 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: LISA M. JOHNSON Brownsburg, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-1007-CR-745

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert R. Altice, Jr., Judge Amy J. Barbar, Magistrate Cause No. 49G02-0904-FC-36885

February 15, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

DARDEN, Judge

STATEMENT OF THE CASE David Allen appeals his conviction following a bench trial for welfare fraud as a class C felony.1 We affirm. ISSUES 1. Whether the evidence was sufficient to support Allens conviction for welfare fraud. 2. Whether the trial court abused its discretion in admitting evidence.

FACTS In 2003, Allen applied for disability insurance benefits through the Social Security Administration (the "SSA").2 In October of 2004, the Marion County Department of Child Services ("DCS") removed two of Allens children, C.A. and D.A., from his custody. One month later, DCS removed a third child, K.A., from Allens care. DCS never returned the children to Allens care. Following a termination hearing at which Allen was present and in which he participated, the juvenile court terminated Allens parental rights as to all three children on April 4, 2007. As of October of 2008, the children had been adopted.

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Ind. Code

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