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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 31 2008, 9:15 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: BRUCE E. ANDIS Lebanon, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Special Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0803-CR-170

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Carol Orbison, Judge Cause No. 49G22-0709-FC-184955 December 31, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Jeffrey Puckett appeals his conviction of escape, a Class D felony.1 Finding the evidence sufficient to support his conviction, we affirm. FACTS AND PROCEDURAL HISTORY On August 21, 2007, Puckett was placed on home detention. The next day Puckett met with community corrections staff, who explained the home detention rules to him, had him sign the pre-orientation guidelines, and gave him his monitoring equipment. The pre-orientation guidelines explained that Puckett was to remain in his home unless he was leaving for a pre-approved activity or for a medical emergency. Puckett did not attend his formal orientation on August 27, 2007. On September 6, 2007, Ashley Brace came to Puckett's house to wait for a telephone call from her boyfriend. Puckett told her he was unhooking the telephone because he was leaving the house, but he would reconnect it when he returned home. Puckett then left the house and drove away in Brace's minivan. Puckett's father, who also lived in the house, called the police to report Puckett had stolen Brace's minivan, and he placed Puckett's electronic monitoring equipment on the front porch. A few hours later, police stopped Brace's minivan and arrested Puckett for auto theft. Police found a crack pipe in Puckett's pocket. The State charged Puckett with Class C felony operating a motor vehicle after his license was forfeited for life, Class D felony auto theft, Class D felony intimidation, Class D felony escape, and Class A misdemeanor possession of paraphernalia. At the close of evidence, the court dismissed the intimidation charge. A jury found Puckett not
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Ind. Code

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