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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: DONALD J. FREW Frew Law Office Fort Wayne, Indiana

FILED
Dec 29 2011, 9:13 am
of the supreme court, court of appeals and tax court

CLERK

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

IN THE COURT OF APPEALS OF INDIANA
MICHAEL W. KRAUSKOPF, SR., Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A04-1107-CR-414

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Wendy W. Davis, Judge Cause No. 02D04-1012-FD-1295

December 29, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BRADFORD, Judge

Appellant-Defendant Michael W. Krauskopf, Sr., appeals from his conviction for Class D felony Possession of a Controlled Substance,1 contending that the State produced insufficient evidence to sustain his conviction. We affirm. FACTS AND PROCEDURAL HISTORY On December 18, 2010, Krauskopf was staying at the Shepherd's House, a drug rehabilitation center in Allen County. At approximately 6:00 p.m., Krauskopf's uncle brought him some of his belongings and medication. When asked, Krauskopf claimed to have given all medications to the office, where they were kept in a locker pursuant to facility rules. A short time later, Shepherd's House Executive Director Lonnie Cox found a bottle of medicine under Krauskopf's mattress, in a place where it could not have accidentally been placed. Chris Clabaugh from Allen County Community Corrections soon arrived and read Krauskopf his Miranda warnings. While Krauskopf admitted that the bottle and its contents were his, he claimed that he had dropped the bottle when unpacking and had forgotten that it was in the location where it was found. Clabaugh examined the bottle and found that it contained twenty to twenty-five blue pills for which Krauskopf apparently had a prescription and one green pill which later was determined to be Alprazolam, a Schedule IV substance for which Krauskopf admitted he had no prescription. On December 27, 2010, the State charged Krauskopf with Class D felony possession of a controlled substance. On May 17, 2010, a jury found Krauskopf guilty as charged, and

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Ind. Code

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