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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: ERIC E. KINSMAN Elkhart, Indiana

FILED
Jul 02 2008, 9:04 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLEES: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOHNNY P. FORD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A03-0802-CR-77

APPEAL FROM THE ELKART SUPERIOR COURT The Honorable David C. Bonfiglio, Judge Cause No. 20D06-0706-FD180 July 2, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BRADFORD, Judge

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Following a jury trial, Appellant-Defendant Johnny Ford was convicted of Theft as a Class D felony1 and found to be a Habitual Offender.2 Upon appeal, Ford challenges the sufficiency of the evidence to support his theft conviction. We affirm. FACTS AND PROCEDURAL HISTORY On June 7, 2007, at approximately 5:00 p.m., eighty-one-year-old Conie Polezoes was shopping at the Martin's Supermarket in Elkhart. Ford, who Martin's employee Lauren Merrill recognized to be a suspect from a prior theft, was also in the store at the time. Upon seeing Ford, who had an empty shopping cart and was wearing a white button-down shirt, Merrill asked another employee to contact the store management. Store manager Chris Belakovich then looked for Ford and confirmed that he was the past suspect. notified the police of Ford's presence. While Ford "shopped," a young lady, later determined to be Jennifer Patrick, approached Polezoes in the magazine section and asked Polezoes about a certain magazine. While Polezoes was distracted by Partick, a man in a white button-down shirt walked past Polezoes's cart. Polezoes's billfold and wallet were in the child's seat of her cart, and they contained $480.00 in cash, an additional $220.00 in cash located inside of a bank envelope, as well as her driver's license and other identification and credit cards. Shortly after Patrick walked away from
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Belakovich subsequently

Ind. Code

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