Preview:

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: RICHARD D. MARTIN Martin, Stuard & Douglas Frankfort, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana BRIAN REITZ Deputy Attorney General Indianapolis, Indiana

FILED
Jan 31 2011, 10:08 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 12A02-1001-CR-423

APPEAL FROM THE CLINTON SUPERIOR COURT The Honorable Justin H. Hunter, Judge Cause No. 12D01-0710-FB-134

January 31, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Marty B. Beard ("Beard") appeals his convictions for Possession of Chemical Reagents or Precursors with Intent to Manufacture a Controlled Substance1 and Maintaining a Common Nuisance, as Class D felonies.2 He also challenges the sentence enhancement imposed due to his habitual substance offender status.3 We affirm in part, reverse in part, and remand with instructions. Issues Beard presents the following consolidated and restated issues for review: I. Whether there is a lack of sufficient evidence to support his conviction for Maintaining a Common Nuisance because the State failed to establish that he intended to personally manufacture methamphetamine; Whether there is a fatal variance between the charging information and the evidence presented on Beard's possession of precursors; Whether the jury instructions on the elements of Maintaining a Common Nuisance are fundamentally erroneous; Whether the trial court abused its discretion by admitting extrinsic bad act evidence; Whether the prosecutor violated Beard's due process rights by allowing perjured testimony from State witnesses; Whether his multiple convictions violate double jeopardy principles; and Whether his conviction for Maintaining a Common Nuisance is a substance offense such that he could properly be sentenced as a habitual substance offender. Facts and Procedural History October 12, 2007, Beard's friend Levis Gross ("Gross") arrived at Beard's Clinton

II. III. IV. V. VI. VII.

1 2

Ind. Code

Download Marty B. Beard v. State of Indiana.pdf

Indiana Law