Preview:

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: KATHRYN C. BYROM Kendallville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana THOMAS D. PERKINS Deputy Attorney General Indianapolis, Indiana

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

No. 57A03-0701-CR-03

APPEAL FROM THE NOBLE SUPERIOR COURT The Honorable Michael J. Kramer, Judge Cause No. 57D02-0607-CM-807

August 22, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION BAKER, Chief Judge

Appellant-defendant Laef Lewis appeals his conviction for Possession of Marijuana,1 a class A misdemeanor. Specifically, Lewis argues that the evidence presented at trial was insufficient to sustain his conviction. Concluding that the evidence was sufficient, we affirm the judgment of the trial court. FACTS Lewis, Aaron Traxler, Nacoma Perkins, and Chelsea Shepard went to a local fair on July 16, 2006, and went to Shepard's house in Kendallville later that evening. Shepard had a bag of marijuana at her house. Lewis rolled a joint of marijuana and "all four of [them] smoked [] it." Tr. p. 7, 18. Shepard placed the remaining marijuana in a cigarette pack and the group went for a walk. Kendallville Police Department Officer Glen Hurst was dispatched to the area surrounding Shepard's house after a report of a possible vehicle break-in involving four people. Lewis, Traxler, Perkins, and Shepard were sitting on Shepard's porch when Officer Hurst arrived and asked for their identification. Officer Hurst noticed a slightly-opened pack of cigarettes lying on the porch and a clear plastic bag was visible inside the cigarette pack. When no one admitted that the cigarette pack belonged to them, Officer Hurst opened it and found a green leafy substance inside the plastic bag. From his training and experience, Officer Hurst concluded that the substance was marijuana because it had "the same odor uh, same look, same texture as marijuana." Id. at 27. The State charged Lewis with class A misdemeanor possession of marijuana and class

1

Ind. Code

Download Laef Lewis v. State of Indiana.pdf

Indiana Law