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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: DAVID M. PAYNE Ryan & Payne Marion, Indiana

FILED
May 21 2012, 9:10 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana J.T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOSEPH JESSE CLARK SMITH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 27A05-1108-CR-415

APPEAL FROM THE GRANT SUPERIOR COURT The Honorable Dana J. Kenworthy, Judge Cause No. 27D02-1104-FB-89

May 21, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Joseph Jesse Clark Smith appeals his convictions and sentences for criminal trespass as a class A misdemeanor,1 intimidation as a class A misdemeanor,2 and two counts of theft as class D felonies.3 Smith raises three issues, which we revise and restate as: I. Whether the court abused its discretion in permitting the State to elicit certain testimony from a witness; Whether the evidence is sufficient to sustain Smith's convictions; and Whether the court abused its discretion in sentencing Smith.

II.

III. We affirm.

The relevant facts follow. In April 2011, Arlyn Wilson was eighty-two years old with Alzheimer's Disease and suffered from short-term memory loss. Howard Mundt lived next door to Wilson since 1960, and Marilee Murphy lived across the street from Wilson since 1967. Wilson had an accountant who was responsible for writing checks for many of Wilson's bills. In addition, Wilson was assisted by two caregivers, Frankie Fanning and Elicia Bockover, who worked for Fanning. Fanning or Bockover went to Wilson's home two times each day to prepare food and medication for Wilson. Either Fanning or Bockover would stay with Wilson from approximately 7:00 a.m. to 10:00 a.m. and again from 4:00 p.m. to 7:00 p.m. Wilson's yard was cared for by Ron

Campbell, who was responsible for cutting the grass and trimming the trees on Wilson's

1 2 3

Ind. Code

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