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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: DOUGLAS E. ULMER Fort Wayne, Indiana

FILED
Dec 21 2011, 9:21 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GARY R. ROM Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LYNDON J. WOODWARD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A05-1104-CR-219

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Wendy W. Davis, Judge Cause No. 02D04-1008-FD-822

December 21, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Lyndon Woodward appeals his convictions for possession of paraphernalia as a class A misdemeanor1 and two counts of possession of a controlled substance as class D felonies.2 Woodward raises one issue, which we revise and restate as whether the trial court abused its discretion in admitting certain evidence. We affirm. The relevant facts follow. On August 15, 2010, Fort Wayne Police Officer Grant Sanders was patrolling an area and road which was under construction because there had been reports of traffic violations and parked his vehicle in front of several barricades which stated "no through traffic." Transcript at 6. Officer Sanders observed Woodward drive a moped around the barricades, onto the road closed to through traffic, and to another street without stopping at any house on the closed road. Officer Sanders then turned his vehicle around and pursued Woodward to conduct a traffic stop. Woodward pulled to the side of the road and remained seated on his moped. Officer Sanders approached Woodward and "noticed he had a bulge coming from his right[] front pocket where he was seated on his moped." Id. at 8. Officer Sanders believed that "from the look of the bulge, . . . it could have been a weapon" and that based upon "the length and hardness of it, of the object [as it] appeared in his pocket," that the object "could have been a knife." Id. at 9. Based upon that observation, Officer Sanders had Woodward step off of the vehicle so that he could perform "a pat down for [Officer Sanders's] safety." Id. Prior to the pat down, Officer Sanders asked Woodward "if he had anything in his pocket that would be harmful to [him], would poke or stick ,"

1

Ind. Code

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