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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
Jan 05 2012, 8:28 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DONALD J. BERGER South Bend, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

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

No. 71A03-1104-CR-170

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable John M. Marnocha, Judge Cause No. 71D03-1007-FD-699 Cause No. 71D03-0407-FB-094

January 5, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Donyea Fowler ("Fowler") appeals his conviction for Receiving Stolen Property, as a Class D felony,1 and consequent revocation of probation. We affirm. Issue Fowler raises two issues for our review, one of which we find dispositive and restate as: whether the trial court abused its discretion when it denied Fowler's motion for a continuance that he filed the day before trial.2 Facts and Procedural History On July 20, 2010, at around 2:00 p.m., Daniel Sosa ("Sosa") observed a gold sport utility vehicle (SUV) park in front of a house on Arnold Street in South Bend, Indiana. Two men, later identified as Fowler and Justin Johnson ("Johnson"), exited the vehicle and walked down an alley. When they re-emerged, the men made a phone call, and the SUV picked them up. Sosa was suspicious of this activity because his home had recently been burglarized and he knew of several other recent daytime burglaries in the neighborhood. He got into his car, drove near the men, and observed them loading large coils of wire into the SUV. The wire was later identified to be buried and aerial cable that belonged to AT&T and was worth

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Ind. Code

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