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Gregory Easter v. State of Indiana (NFP)
State: Indiana
Court: Court of Appeals
Docket No: 12120803mpb
Case Date: 12/12/2008
Plaintiff: Gregory Easter
Defendant: State of Indiana (NFP)
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.

FILED
Dec 12 2008, 10:21 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ANDREW J. BORLAND Borland & Gaerte Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0802-CR-187

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Michael Jensen, Judge Cause No. 49G20-0702-FA-31983

December 12, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Gregory Easter appeals his convictions for Class A felony possession of cocaine, Class C felony possession of cocaine with a firearm, and Class A felony dealing cocaine. We affirm. Issue We address one issue, which we restate as whether the State presented sufficient evidence to support Easter's convictions. Facts On February 23, 2007, a search warrant was executed at 4031 Essex Court in Indianapolis. Three individuals were found inside the residence: Easter, Linda Patterson, and Dwayne Gross. Easter was located in a second floor bedroom lying on a mattress. He was immediately detained and a search of the bedroom yielded a bag of cocaine hidden under the carpet and a .22 caliber handgun beneath the mattress. A search of the rest of the residence uncovered an additional firearm and two digital scales. Thereafter, Easter was charged with class A felony possession of cocaine, class C possession of cocaine with a firearm, and class A felony dealing cocaine. Following a jury trial, Easter was convicted as charged. He now appeals.

Analysis

2

Easter contends that there is insufficient evidence to support his conviction. In reviewing sufficiency claims, we will neither reweigh the evidence nor judge the credibility of witnesses. Baxter v. State, 891 N.E.2d 110, 120 (Ind. Ct. App. 2008). Instead, we must consider only the probative evidence and reasonable inferences in a light most favorable to the verdict. Id. We must affirm a conviction unless no reasonable trier-of-fact could have found the elements of the crime proven beyond a reasonable doubt. Id. In order to convict Easter of Class A felony possession of cocaine as charged in this case, the State was required to demonstrate that he knowingly or intentionally possessed three grams or more of cocaine within one-thousand feet of a family housing complex. See Ind. Code
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