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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
Nov 29 2011, 9:06 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JAY RODIA Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MAX RILEY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-1105-CR-233

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Reuben B. Hill, Judge The Honorable Mary Ann Oldham, Commissioner Cause No. 49F18-1004-FD-029032

November 29, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Max Riley ("Riley") appeals his conviction for Attempted Theft, as a Class D felony,1 presenting the sole issue of whether the trial court erroneously allowed the State to amend the charging information. We affirm. Facts and Procedural History On April 9, 2010, Deborah Theaman ("Theaman") looked out the back window of her Indianapolis residence and saw a man crouching behind a vehicle that belonged to Theaman's neighbor, Dorene Wade ("Wade"). It appeared that the man was moving his hands and doing something to the license plate. Theaman alerted her brother, Donald Peavey ("Peavey") and they watched the man for a short while. Peavey then called Wade and inquired whether someone was supposed to be behind her vehicle. When Wade responded negatively, Peavey called the police. Wade opened her kitchen window and called out, "If there is anyone behind my car, they better be moving before I move." (Tr. 47.) The man jumped up from behind the vehicle and ran into an alley. Peavey gave chase but stopped because he was without shoes. Indianapolis Metropolitan Police Department officers arrived shortly thereafter, and located a man lying in the grass next to a nearby house. Wade recognized the man, later identified as Riley, as the man who had been behind her vehicle. Wade discovered that her license plate, which fastened to the vehicle by two bolts at the top of the plate, was newly scratched and had been bent upward at each of the lower

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Ind. Code

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