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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
Jun 19 2012, 9:04 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: BARBARA SIMMONS Oldenburg, Indiana

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
MICHAEL EWARD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1110-CR-934

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven Rubick, Judge Cause No. 49F19-1105-CM-32762

June 19, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Michael Eward appeals from his conviction after a bench trial of one count of Operating a Vehicle While Intoxicated,1 as a class A misdemeanor, and one count of Operating a Vehicle While Intoxicated,2 as a class C misdemeanor. Eward presents the following issue for our review: Is there sufficient evidence to support his convictions? We affirm. On May 10, 2011, Indiana State Police Trooper Christopher Townsend noticed a vehicle stopped on the inside shoulder of eastbound I-70 near mile marker 83.5. The driver's side of the vehicle was nearer to the barricade. The vehicle's lights were on, the engine was running, and the vehicle appeared to be in working condition. The driver's-side door was open and Eward, who was alone in the car, was sitting in the driver's seat. Trooper Townsend parked his cruiser behind the vehicle, approached it, and asked Eward if everything was okay. Eward displayed both of his hands and was holding a cell phone in one of them. Eward told Trooper Townsend that he was lost and had pulled the car over to power up the GPS service on his cell phone. He also stated that he was driving from Chicago and trying to find Emerson Avenue. Eward did not mention that anyone else had been driving the vehicle, and represented that he was the person driving. Trooper Townsend smelled alcohol on Eward, and observed that Eward had glassy, bloodshot eyes and slurred speech. Eward told the officer that he had consumed two thirtytwo ounce beers about an hour before Trooper Townsend stopped. Eward failed both a

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Ind. Code Ann.

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