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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: JOSEPH F. THOMS Thoms & Thoms Indianapolis, Indiana

FILED
Apr 22 2009, 9:13 am
of the supreme court, court of appeals and tax court

CLERK

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
LARRY COSBY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0809-CR-786

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Paula Lopossa, Senior Judge Cause No. 49F08-0805-CM-129797

April 22, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Larry Cosby appeals his convictions after a bench trial of two counts of unlawful possession of a firearm by a domestic batterer, class A misdemeanors.1 We affirm. ISSUE Whether the State violated Cosby's due process rights by withholding evidence. FACTS On May 29, 2008, Indianapolis Metropolitan Police Officers Matthew Hamner and Mark Ayler went to an Indianapolis residence to serve an arrest warrant for Charles Dawson. Tobias Cosby answered the door, told Officer Hamner that it was his residence, and allowed the officers inside the residence. As the officers were searching the

residence for Dawson, Officer Ayler discovered a shotgun "leaning up against the wall" in the bedroom. (Tr. 54). He "ran a wanted check on it," which indicated that it had been stolen. (Tr. 55) Shortly thereafter, Cosby entered the residence, "yelling and screaming . . . ." (Tr. 23). The officers placed Cosby in handcuffs and advised him of his Miranda rights. Once he calmed down, Cosby explained that "he received mail for a female and that [Dawson] could have connections to that female . . . ." (Tr. 26). The officers then asked Cosby about the gun that had been found in the residence. Cosby explained that a friend had given it to him. He described the gun as a .32 caliber with a missing firing pin. He further indicated where the gun could be found. The gun's description and location,
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Ind. Code

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