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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: MICHAEL R. FISHER Marion County Public Defender Agency Indianapolis, Indiana

FILED
Aug 11 2008, 9:30 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0801-CR-39

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven R. Eichholtz, Judge Cause No. 49G23-0706-FA-107525

August 11, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Freddie Mills appeals his convictions, following a jury trial, for Class A felony Dealing in Cocaine,1 Class C felony Possession of Cocaine,2 and Class A misdemeanor Possession of Marijuana,3 for which he received an aggregate sentence of thirty years in the Department of Correction. Upon appeal, Mills challenges the trial court's jury instruction defining "possession" and the sufficiency of the evidence to support his convictions for dealing in and possession of cocaine. We affirm. FACTS AND PROCEDURAL HISTORY On June 10, 2007, Mills's girlfriend Natalie Kidd agreed to drive Mills from Bloomington to South Bend while Mills's cousin followed in another vehicle. According to Kidd, Mills was carrying cocaine and marijuana when she picked him up. Once inside Kidd's vehicle, Mills smoked a marijuana cigar and placed it in the middle console, and he placed a bag of cocaine in the "outer side of his pocket by the window." Tr. p. 36. During their trip, the parties decided to stop off in Indianapolis. At approximately 9:00 p.m., Indianapolis Metropolitan Police Officer Kenneth Greer observed two vehicles traveling in tandem westbound on East Market Street against one-way traffic. Officer Greer initiated a traffic stop. According to Kidd, in response to the traffic stop by police, Mills threw the bag of cocaine into her lap and told her to "stuff it." Tr. p. 37. Kidd stuffed the bag into her

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