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FOR PUBLICATION
ATTORNEY FOR APPELLANT: KIMBERLY A. JACKSON Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
PHILLIP E. BEEKS, SR., Appellant-Defendant, vs. STATE OF INDIANA, Appellee. ) ) ) ) ) ) ) ) )

No. 35A04-0412-CR-664

APPEAL FROM THE HUNTINGTON SUPERIOR COURT The Honorable Jeffrey R. Heffelfinger, Judge Cause No. 35D01-0404-FD-00083

December 30, 2005 OPINION - FOR PUBLICATION

SULLIVAN, Judge

Following a jury trial, Appellant, Phillip E. Beeks, Sr., was convicted of one count of Theft as a Class D felony 1 and was determined to be an habitual offender. 2 Upon appeal, Beeks presents three issues: (1) whether the trial court erred in rejecting his plea of guilty to the charged crime of Conversion; (2) whether the evidence is sufficient to support Beeks's conviction for Theft; and (3) whether the trial court erred in admitting certain evidence during the habitual offender phase of the trial. We affirm. The facts most favorable to the jury's verdict reveal that late on the night of March 5, 2004, Paul Fox was at a bar in Huntington, Indiana when he noticed someone moving around inside a storage area behind the bar. The door to the storage area had a sign which read, "Authorized personnel only." Tr. at 129. Mary Wooley, who was tending the bar, recognized Beeks as he left the storage area and went into the restroom. Mr. Fox noticed that as Beeks left the storage area, he was trying to conceal a brown object. Mr. Fox followed Beeks into the restroom and found Beeks in a stall with the stall door closed. Mr. Fox asked Beeks what he had in his hand, to which Beeks responded, "Nothing." Tr. at 109, 112. Mr. Fox then asked Beeks if he could see what he had, and Beeks replied, "When I'm done." Tr. at 109. Ms. Wooley, after seeing that her purse was missing from the storage area where she had left it, came into the restroom and demanded that Beeks return the purse. Beeks stated, "Okay," and slid the purse under the stall door. Tr. at 110. Beeks left the bar shortly thereafter.
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