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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
Jun 16 2011, 9:22 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JANE ANN NOBLITT Columbus, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DOUGLAS J. BOSTON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 03A05-1010-CR-626

APPEAL FROM THE BARTHOLOMEW SUPERIOR COURT The Honorable Chris D. Monroe, Judge Cause No. 03D01-0910-FB-1282

June 16, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Following a jury trial, Douglas Brown was convicted of Dealing in Methamphetamine,1 a class B felony, and Possession of Chemical Reagents or Precursors with Intent to Manufacture,2 a class D felony. The trial court sentenced Boston to an aggregate term of eighteen years. On appeal, Boston presents four issues for our review: 1. Did the trial court abuse its discretion when it allowed into evidence photographs of items that the State destroyed or completely consumed prior to trial? Did the trial court abuse its discretion by allowing the State to impeach Boston's testimony with four convictions that were more than ten years old? Is the evidence sufficient to support Boston's convictions? Is the eighteen-year aggregate sentence inappropriate?

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We affirm. The facts most favorable to the convictions follow. On October 5, 2009, Daryl Beam traveled from Pennsylvania to his family farm in rural Bartholomew County, Indiana. When Daryl arrived, he looked around the farm and observed someone kneeling by a nearby creek on the property. Daryl was suspicious of the person because there had been problems at the farm before because no one lived on the property and the farmhouse was boarded up. Daryl returned to his vehicle and called 911 at approximately 5:56 p.m. Bartholomew County Sheriff's Deputies Kevin Abner and Jim Green responded to the

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Ind. Code Ann.

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