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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: LISA M. JOHNSON Marion County Public Defender Agency Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0705-CR-445

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Patrick Murphy, Commissioner Cause No. 49G23-0603-FC-35532

November 21, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Jeremy R. Miller ("Miller") appeals from his convictions, after a bench trial, for possession of cocaine, as a class C felony, 1 and possession of marijuana, as a class A misdemeanor. 2 We affirm. ISSUE Whether the trial court committed fundamental error by convicting Miller based upon an improper standard. FACTS On the night of February 26, 2006, Lawrence Police Department officers Scott Evans and David Carter were patrolling for stolen vehicles. The officers observed an unoccupied 1993 Pontiac Grand Am in the parking lot of the Park Terrace Motel in Marion County. Officer Evans ran a check on the license plate and learned that the vehicle had been reported stolen. Motel manager Mark Clemenz advised Officer Evans that Miller, the occupant of motel unit 121 ("unit 121"), had been driving the stolen vehicle. Clemenz knocked on Miller's door, woke him, and asked him to move the vehicle. Miller complied, and was subsequently arrested for auto theft 3 and read his Miranda rights.

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Ind. Code

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