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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.






ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

JILLIAN C. KEATING GREGORY F. ZOELLER
CATHY M. BROWNSON Attorney General of Indiana
Coots, Henke & Wheeler, P.C.
Carmel, Indiana RYAN D. JOHANNINGSMEIER
   Deputy Attorney General
   Indianapolis, Indiana




IN THE
COURT OF APPEALS OF INDIANA



EDGAR DUNCAN, )
)
Appellant-Defendant, )
)
vs. ) No. 29A04-1209-CR-450
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )



APPEAL FROM THE HAMILTON SUPERIOR COURT
The Honorable Gail Bardach, Judge
Cause No. 29D06-1205-CM-4461




February 26, 2013


MEMORANDUM DECISION - NOT FOR PUBLICATION


NAJAM, Judge

STATEMENT OF THE CASE
Edgar Duncan appeals his conviction for operating a vehicle while intoxicated, as a Class C misdemeanor, following a bench trial.  Duncan presents two issues for our review:
1. Whether the trial court abused its discretion when it permitted a police officer to testify that, in his opinion, Duncan was intoxicated.

2. Whether the State presented sufficient evidence to sustain his conviction.

We affirm.
FACTS AND PROCEDURAL HISTORY
At approximately 10:30 a.m. on February 24, 2012, Duncan was driving on Cumberland Road in Noblesville when he turned onto Conner Street without using a turn signal.  Noblesville Police Department Officer Eric Cunningham was patrolling the area in his vehicle when he observed Duncan make the turn without signaling, and Officer Cunningham proceeded to follow Duncan.  Officer Cunningham then observed Duncan turn into a McDonald

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