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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
May 21 2010, 8:49 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ELLEN M. O'CONNOR Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0909-CR-878

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven R. Eichholtz, Judge The Honorable Michael Jensen, Magistrate Cause No. 49G20-0812-FB-279954

May 21, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary John Allison ("Allison") appeals his convictions for Dealing in a Schedule II Controlled Substance, as a Class B felony,1 Dealing in a Schedule IV Controlled Substance, as a Class C felony,2 and Battery with a Deadly Weapon, a Class C felony,3 presenting the single issue of whether the convictions are supported by sufficient evidence. We affirm. Facts and Procedural History Sometime after 4:00 a.m. on the morning of December 10, 2008, Indianapolis Metropolitan Police Officer Christopher Taylor was dispatched to a McDonald's near U.S. 31 and Stop 11 Road in Indianapolis to investigate a report of a suspicious vehicle. As Officer Taylor entered the parking lot, he observed a flash of vehicle headlights and also noticed movement in a second vehicle, a van. Officer Taylor directed his spotlight at the van. Allison, the driver of the van, accelerated at a high rate of speed and drove through the Burlington Coat Factory parking lot and onto U.S. 31 northbound. Officer Taylor and a second responding officer, David Pankoke, gave chase. Allison continued northbound, traveling on the wrong side of the road for about one mile. He turned his vehicle into a restaurant parking lot, with the officers following in their vehicles. Anticipating that Officer Pankoke had the van pinned, Officer Taylor exited his vehicle and prepared to give chase on foot. He concealed himself behind two evergreen

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