Preview:

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: MICHAEL D. DEAN Stephen Gerald Gray Indianapolis, Indiana

FILED
Dec 27 2010, 9:19 am
of the supreme court, court of appeals and tax court

CLERK

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
DENON DABNEY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1004-CR-474

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven R. Eichholtz, Judge The Honorable Michael S. Jensen, Magistrate Cause No. 49G20-0910-FB-85548

December 27, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Denon Dabney appeals his conviction for possession of a firearm by a serious violent felon as a class B felony.1 Dabney raises two issues, which we revise and restate as whether the evidence was sufficient to sustain his conviction. We affirm. The facts most favorable to the conviction follow. On the night of October 3, 2009, Indianapolis Metropolitan Police Department Officer David Miller initiated a traffic stop of a Silverado pickup truck in which Dabney was a passenger for traffic violations in Indianapolis. Officer Miller approached the vehicle and obtained the

identifications of Dabney and the driver of the truck, Kevin Bullock, who was Dabneys cousin. Officer Miller observed that Dabney appeared to be "very nervous." Transcript at 11. Officer Miller then returned to his police vehicle and determined that there was an open warrant for the arrest of Dabney. Officer Miller called for an assisting officer and, while waiting for backup to arrive, observed Dabney make "several furtive movements towards the bottom of his seat underneath in the truck." Id. After Police Officer Marshall Hoskins arrived, Officer Miller approached the truck, ordered both Dabney and Kevin to exit the truck, and placed Dabney in handcuffs. Officer Miller then located a firearm under the passengers seat of the truck, and Officer Hoskins as the evidence technician recovered the firearm. After placing handcuffs on Kevin and reading Dabney and Kevin their Miranda rights, the officers asked Dabney and Kevin "who the handgun belonged to." Id. at 14. Kevin stated that the gun was not his. Dabney did not "claim the gun initially" but
1

Ind. Code

Download Denon Dabney v. State of Indiana.pdf

Indiana Law