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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
Dec 17 2008, 9:04 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: GREGORY PAUL KAUFFMAN Bluffton, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
HUBERT RAY BRYANT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 90A05-0807-CR-387

APPEAL FROM THE WELLS CIRCUIT COURT The Honorable David Hanselman, Judge Cause No. 90C01-0703-FD-15

December 17, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Hubert Ray Bryant appeals his conviction for Auto Theft,1 a class D felony. Bryant was also determined to be a Habitual Offender. Upon appeal, Bryant presents two issues for our review: 1. Did the trial court err when it denied Bryants motion for a directed verdict on the issue of venue? Is the evidence sufficient to sustain Bryants conviction?

2.

We affirm. The facts most favorable to the conviction reveal that Michael Meeks owned a blue, Chevy mini-van that he kept at a farmstead he rented near State Road 124 in Wells County. Meeks had recently put new tires on the mini-van and it was drivable. Around 9:00 a.m. on January 31, 2007, Meeks saw his van as he drove by his property. When Meeks returned between 3:00 and 4:00 that afternoon, the mini-van was missing. Meeks had not given anyone permission to use his mini-van, so he reported it stolen. Keith Stinson testified that on January 31, 2007, he saw a blue mini-van similar to one owned by Meeks being towed on a trailer on 400 West State Road 124, approximately oneeighth of a mile from Meekss farmstead. Karen Herick and her husband John Herick also encountered a blue mini-van being towed on top of a trailer on January 31, 2007. The Hericks were traveling on State Road 224 in Huntington County at approximately 1:30 or 1:45 p.m. when they came up behind the trailer carrying the mini-van. They both testified that the mini-van depicted in States Exhibit 3 (a picture of Meekss mini-van) was similar to the mini-van they saw on the trailer. After reading in the paper that Meekss mini-van had
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Ind. Code Ann.

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