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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: JOHN ANDREW GOODRIDGE Evansville, Indiana

FILED
May 14 2008, 8:18 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEPHEN R. CARTER Attorney General of Indiana Indianapolis, Indiana J.T.WHITEHEAD Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LESLIE B. BARNETT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 82A01-0711-CR-507

APPEAL FROM THE VANDERBURGH SUPERIOR COURT The Honorable Robert J. Pigman, Judge Cause No. 82D02-0704-FC-363 82D02-0606-FC-500

MAY 14, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BARTEAU, Senior Judge

Leslie B. Barnett appeals his conviction by jury of operating a motor vehicle after his driving privileges were forfeited for life. We affirm. The sole issue for our review is whether there is sufficient evidence to support Barnett's conviction. In April 2007, residents on Harlan Avenue in Evansville were having problems with people parking cars in front of their homes and blocking their mailboxes. When the mailboxes were blocked, the U.S. Postal Service would not deliver the residents' mail. On April 17, 18, and 19, Allison Strine noticed that a Ford Expedition was being parked in front of her mailbox. On April 20, Strine noticed Barnett walking towards the vehicle. Strine took a photograph of Barnett and watched him get into the vehicle and drive away. Strine immediately called the police to report that she had a photograph of the man who had been blocking her mailbox with his vehicle. The officer to whom she spoke told her to call back if Barnett returned. Strine noticed Barnett drive up in the Expedition and park it in front of her house that same day after midnight, which would have been April 21, 2007. She called the police, who responded immediately and discovered that A jury subsequently convicted

Barnett's driving privileges were forfeited for life.

Barnett of operating a vehicle after his driving privileges were forfeited for life, and he appeals. The sole issue for our review is whether there is sufficient evidence to support the conviction. Our standard of review for sufficiency of the evidence is well settled. We will neither reweigh the evidence nor judge the credibility of witnesses. Tobar v. State, 740 N.E.2d 109, 111 (Ind. 2000). Rather, we will affirm the trial court if the probative 2

evidence and reasonable inferences drawn from the evidence could have allowed a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt. Id. at 11112. Indiana Code Section 9-30-10-17 provides in relevant part that a person who operates a motor vehicle after his driving privileges are forfeited for life commits a Class C felony. Here, the charging information alleged that on April 21, 2007, Barnett operated a motor vehicle after his driving privileges were forfeited for life, and the jury convicted him of this offense. Barnett's sole contention is that there is no evidence that he operated the Expedition on April 21, 2007, as alleged in the charging information. However, our review of the evidence reveals that Strine noticed Barnett get into the vehicle and drive it away on April 20, 2007. Strine saw Barnett drive the vehicle back to her neighborhood that same night after midnight, which would have been April 21, 2007. This evidence supports Barnett's conviction for operating a vehicle after his driving privileges were suspended for life. Affirmed. NAJAM, J., and BRADFORD, J., concur.

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