Preview:

FOR PUBLICATION

FILED
Dec 30 2011, 9:01 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DONALD R. SHULER Barkes, Kolbus & Rife, LLP Goshen, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JEREMY L. PETERS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 43A05-1103-CR-144

APPEAL FROM THE KOSCIUSKO SUPERIOR COURT The Honorable Joe V. Sutton, Judge Cause No. 43D03-1012-FC-170

December 30, 2011 OPINION - FOR PUBLICATION

MAY, Judge

Jeremy Peters appeals his conviction of Class B felony unlawful possession of a firearm by a serious violent felon ("SVF").1 He raises three issues for our review: 1. Whether admission of testimony about Peters' post-arrest silence was fundamental error; Whether the State presented sufficient evidence to convict Peters; and Whether Peters' sentence is inappropriate based on the nature of the offense and his character.

2. 3.

We affirm. FACTS AND PROCEDURAL HISTORY At approximately 11:30 p.m. on December 1, 2010, Indiana State Trooper Luke Waikel observed Peters driving on slick pavement at seventy-five miles per hour in a sixty miles-per-hour zone. Trooper Waikel attempted to pull Peters over, but Peters did not immediately comply. Rather, Trooper Waikel had to use his loudspeaker five times to advise Peters to pull to the side of the road, before Peters pulled to the side of the road. Trooper Waikel exited his patrol car, approached the passenger side of Peters' car, and noticed an open alcoholic beverage in the passenger seat. When Trooper Waikel knocked on Peters' passenger window, Peters sped off. Trooper Waikel returned to his car and pursued Peters at speeds exceeding ninety miles-per-hour. Peters crashed his vehicle, and the pursuit continued on foot. Both Peters and Trooper Waikel scaled a short chain-link fence, from which Peters sustained a cut to one of his hands. While running, Peters kept his hands in his jacket pockets. Trooper Waikel lost sight of

1

Ind. Code

Download Jeremy L. Peters v. State of Indiana.pdf

Indiana Law