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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 23 2008, 8:56 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: THOMAS P. KELLER South Bend, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JANINE STECK HUFFMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LARRY D. BOBBITT, JR., Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A05-0809-CR-509

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable Jane Woodward Miller, Judge Cause No. 71D01-0708-FC-231

December 23, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Larry D. Bobbitt, Jr. appeals his conviction for Possession of Cocaine, as a Class C felony.1 He challenges the sufficiency of the evidence supporting the constructive possession element of the charge. We affirm. Facts and Procedural History2 On August 10, 2007, South Bend police officers were staked out, watching Bobbitt's residence at 448 South Kosciuszko Street to execute an arrest warrant for Clester Bert. Bobbitt and Bert arrived at the Residence at some point and eventually left with Bobbitt driving a green Chevy Z-24. Police followed the Chevy and initiated a traffic stop. As the officer spoke with Bobbitt, Bobbitt admitted that his license was suspended. As he spoke, Bobbitt was bending and reaching towards the gear shift and center console. For safety purposes, the officer had Bobbitt exit the vehicle. When the officer performed a pat down, he discovered a plastic baggie containing two thousand dollars in cash in Bobbitt's pocket. Bobbitt was arrested for driving on a suspended license, and the Chevy was searched and impounded. Baggies of marijuana and .88 grams of cocaine were recovered from the center console of the Chevy during the search. Before being transported to the county jail, Bobbitt confirmed that his address was that of the Residence.

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