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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: HILARY BOWE RICKS Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LEONARD F. OWENS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0612-CR-1145

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Richard Sallee, Senior Judge Cause No. 49G01-0504-FB-60005

August 24, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Leonard F. Owens was convicted of Robbery, 1 a class A felony, and Carrying a Handgun Without a License, 2 a class A misdemeanor. Owens presents a single issue for review: Was the evidence sufficient to sustain the conviction of robbery as a class A felony? We affirm. The facts favorable to the conviction are that Napoleon Williams was driving his car on March 5, 2005, when he saw a car parked on the side of the road with its emergency flashers activated. Williams stopped and offered to drive the apparently stranded motorist to the nearest service station. Williams later identified that motorist as Owens. Owens, who identified himself to Williams as "Tu-tu", accepted the offer and climbed into the front passenger seat of Williams's vehicle. After the two had driven a short distance, Owens produced a gun, pointed it at Williams, and ordered Williams to pull over. He also said something to the effect of "Just give me what you got." Transcript at 14. Williams stopped the vehicle and began struggling with Owen. During the struggle, Williams was shot in the leg. After the shot was fired, both men exited the vehicle and Williams fled into a field. After waiting long enough to assure that his assailant had left the scene, Williams returned to his vehicle, where he discovered that his

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