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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: TODD A. GLICKFIELD Marion, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana KELLY A. MIKLOS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MELISSA M. FAULKNER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee. ) ) ) ) ) ) ) ) )

No. 27A04-0605-CR-255

APPEAL FROM THE GRANT SUPERIOR COURT 1 The Honorable Jeffrey D. Todd, Judge Cause No. 27D01-0312-FD-154

December 29, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

SULLIVAN, Judge

Following a jury trial, Appellant, Melissa Faulkner, was convicted of Theft as a Class D felony 1 and False Informing as a Class A misdemeanor. 2 Upon appeal, Faulkner presents two issues for our review: (1) whether the jury's verdict finding her guilty of theft is inconsistent with the jury's verdict finding her co-defendant not guilty of the same offense; and (2) whether the admission of testimony elicited by the State that Faulkner refused to speak to police during the police investigation violated Faulkner's due process rights under the Fourteenth Amendment. We affirm. The facts most favorable to Faulkner's convictions reveal that on Sunday, December 15, 2002, Faulkner worked as an assistant manager at Pretzel Maker, a store located in the North Park Mall in Marion, Indiana. At some point on Sunday, Faulkner was informed by her manager that the deposit for Saturday remained in the store's safe and needed to be deposited that evening with the Sunday deposit. Following the close of business, Faulkner placed the store's earnings from Sunday in a deposit bag for the bank and grabbed the deposit bag for Saturday from the safe. Faulkner then placed both of the deposit bags inside a Pretzel Maker bag. Faulkner then met Brian Haynes, whom

Faulkner had met and become friends with through her boyfriend Patrick Sivis, in the mall parking lot. Faulkner placed the Pretzel Maker bag containing the two days' bank deposits in Haynes's vehicle. Faulkner then returned to the mall and reported a theft to the police.
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Ind. Code

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