Preview:

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: MARIELENA DUERRING South Bend, Indiana

FILED
Sep 11 2009, 10:17 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JANINE STECK HUFFMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
RICKEY D. MCKINNEY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A04-0903-CR-131

APPEAL FROM THE ELKHART COUNTY CIRCUIT COURT The Honorable Terry Shewmaker, Judge Cause No. 20C01-0712-FA-66

September 11, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Rickey D. McKinney appeals his conviction and sentence after a bench trial for dealing in cocaine as a class B felony.1 We affirm. ISSUES 1. 2. 3. Whether the trial court abused its discretion in admitting evidence. Whether there is sufficient evidence to support the conviction. Whether the sentence is inappropriate. FACTS On December 6, 2007, Goshen Police Captain Wade Branson filed an affidavit for probable cause to obtain a search warrant for McKinneys residence, located at 722 West Wolf Avenue in Elkhart. The affidavit contained the following facts. In 2004 and 2005, the Elkhart County Prosecutors Organized Crime Unit received nine apparently anonymous reports that McKinney was dealing in crack cocaine. On or about April 17, 2006, a citizen known to Captain Branson approached Elkhart Police Officer Michael Bogart, an officer assigned to the Elkhart County Interdiction and Covert Enforcement Unit (the "ICE Unit"), and advised him "that drug activity was occurring at 722 West Wolf Avenue in Elkhart." (App. 34). "The concerned citizen advised further that he had relatives that lived near 722 West Wolf Avenue and that the drug activity was so ,,open air and obvious that they were afraid to leave their residence." Id.

1

Ind. Code

Download Rickey D. McKinney v. State of Indiana.pdf

Indiana Law