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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: BETH ANN FOLZ McFadin Higgins & Folz Mount Vernon, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JAMES E. PORTER Deputy Attorney General Indianapolis, Indiana

FILED
Oct 07 2010, 9:13 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
JAMIE LEE BENTON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 65A05-1002-CR-126

APPEAL FROM THE POSEY SUPERIOR COURT The Honorable S. Brent Almon, Judge Cause No. 65D01-0904-FB-144

October 7, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

James Lee Benton appeals his conviction for Burglary,1 a class B felony. He presents the following restated issues for our review: 1. Did the trial court abuse its discretion by admitting certain evidence based upon the knowledge exception to Indiana Rule of Evidence 404(b)? Did the State present sufficient evidence to support Benton's conviction?

2.

We affirm. Around 9:30 a.m. on March 27, 2009, Richard Fawcett observed from his nearbyresidence an older-model blue pickup truck drive slowly by Brian Fawcett's (Richard's son's) house. Given that this was a rural area in Posey County, Richard was not concerned and thought the person was likely lost. Over the next ten or fifteen minutes, however, Richard observed the truck drive by the residence three more times. Richard moved closer to the road to investigate, and he was eventually able to get a clear view of the driver. Each time the truck slowed as it passed Brian's residence. On the fourth trip, the truck stopped as a man came down Brian's driveway. The man entered the truck on the passenger side of the vehicle, and "the truck took off very quickly at that point." Transcript at 150. Richard knew that his son was not at home and immediately went to the house where he observed the glass from the back door knocked out. He quickly returned home to contact the sheriff's department and then Brian. Brian and his wife returned to discover a pillow

1

Ind. Code Ann.

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