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. ATTORNEY FOR APPELLANT: J. CLAYTON MILLER Jordan Law, LLC Richmond, Indiana

FILED
May 09 2011, 8:20 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JENNINGS DAUGHERTY, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

No. 89A01-1010-CR-520

APPEAL FROM THE WAYNE SUPERIOR COURT The Honorable Gregory A. Horn, Judge Cause No. 89D02-0901-FB-5

May 9, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Defendant Jennings Daugherty appeals following his convictions for Class D felony Intimidation,1 Class D felony Operating a Motor Vehicle While Intoxicated,2 two counts of Class B felony Possession of a Firearm by a Serious Violent Felon,3 and the subsequent finding that he is a Habitual Offender,4 for which he received an aggregate fiftythree-year sentence. Upon appeal, Daugherty claims that: (1) the trial courts denial of his motion to suppress constituted an abuse of the courts discretion; (2) his multiple convictions for possession of a firearm by a serious violent felon violate the prohibitions against double jeopardy; (3) the trial court erred in allowing the State to amend the habitual offender information; and (4) his sentence is inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY5 At 2:48 a.m. on May 26, 2007, Captain Thomas Porfidio of the Richmond Police Department was dispatched to Berties Bar in Richmond upon receiving a complaint of a bar fight. Upon arriving, Captain Porfidio spoke with the bartender who indicated that Daugherty had shoved her. The bartender further indicated that Daugherty was sitting in a van that was parked across the street from the bar, and requested that Daugherty be banned

1

Ind. Code

Download 05091102cjb.pdf

Indiana Law