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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
Dec 29 2009, 9:21 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JOHN PINNOW Special Assistant to the State Public Defender Greenwood, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

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

No. 88A01-0906-CR-304

APPEAL FROM THE WASHINGTON SUPERIOR COURT The Honorable Frank Newkirk, Jr., Judge Cause No. 88D01-0708-FA-309

December 29, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant David Atkins appeals his convictions from two counts of Dealing in Cocaine, one as a Class A felony and the other as a Class B felony,1 two counts of Neglect of a Dependant, as Class C felonies,2 Maintaining a Common Nuisance, a Class D felony,3 and Possession of Paraphernalia, as a Class A misdemeanor.4 We affirm. Issues Atkins raises the following issues: I. Whether the trial court committed fundamental error by admitting evidence recovered during the search of the trailer that was allegedly in violation of his federal Fourth Amendment right against unreasonable searches and seizures; and II. Whether there was sufficient evidence to support his convictions for Neglect of a Dependent.5 Facts and Procedural History After a successful controlled buy of cocaine at Atkins's trailer, police were able to obtain and execute a search warrant for the trailer. During the execution of the search warrant on August 9, 2007, there were seven people in the trailer, including two children. Prior to the police arriving, all of the adults were smoking crack cocaine in one of the bedrooms. The adults had either purchased or received the cocaine from Atkins. The trailer was the residence of Atkins, his girlfriend, Vonnie, and Vonnie's two children, A.A. and

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Ind. Code

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