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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
Dec 22 2009, 10:22 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: NANCY McCASLIN McCaslin & McCaslin Elkhart, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOSHUA G. ARTHUR, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A03-0906-CR-280

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable David C. Bonfiglio, Judge Cause No. 20D06-0810-FD-379

December 22, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Following a jury trial, Appellant-Defendant Joshua Arthur was convicted of Class D felony Receiving Stolen Property,1 for which he received a sentence of three years in the Elkhart County Community Correction Facility ("ECCC") and was ordered to pay $1359 in restitution. Upon appeal, Arthur challenges the sufficiency of the evidence to support his conviction and the trial court's restitution order. We reverse. FACTS AND PROCEDURAL HISTORY Randy Meert's residence is located in Elkhart on the St. Joseph River. At

approximately 6:00 p.m. on July 14, 2008, Meert discovered that his red, white, and black Yamaha jet ski was missing. The night before, Meert had seen that the jet ski was sitting out of the water on top of--but not locked to--a shore station.2 Meert had not given anyone permission to take the jet ski, and no one outside his family had access to it. Meert drove up and down the river to see if it had floated off the shore station. Bradley Haines also lives along the St. Joseph River in Elkhart and owns two jet skis which he stores in boat lifts on his dock. In the late morning hours of July 14, 2008, Haines saw a teenage male checking Haines's jet skis to see if they were locked to the lifts. Haines recognized this male as a customer who had formerly visited Haines's store. As Haines approached, he saw a second male, whom he also recognized and later identified to be Arthur, sitting on a red and white Yamaha jet ski in the water by the seawall in back of his house.3 Arthur shielded his face and tried to look away and avoid
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Ind. Code

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