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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
Dec 21 2010, 8:19 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: TIMOTHY J. BURNS Indianapolis, Indiana

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

IN THE COURT OF APPEALS OF INDIANA
RODNEY ROSCOE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1004-CR-456

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Richard E. Sallee, Judge Cause No. 49F10-0911-CM-092072

December 21, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Rodney Roscoe ("Roscoe") appeals his convictions for Operating a Vehicle While Intoxicated as a Class A misdemeanor1 and Driving While Suspended as a Class A misdemeanor,2 presenting the single issue of whether the convictions are supported by sufficient evidence. We affirm. Facts and Procedural History On November 1, 2009, at approximately 2:00 a.m., Roscoe was driving east on Interstate 70 when he was stopped by Indiana State Police Officer Ginger Marshall ("Officer Marshall"). Officer Marshall had been driving directly behind Roscoe, and observed him twice cross over the yellow traffic line, and then return over the white line. Once stopped, Officer Marshall approached Roscoe's vehicle, and asked to see his hands when she arrived at the passenger side. Officer Marshall detected the odor of alcoholic beverages and noticed that Roscoe's eyes were bloodshot and glossy. Officer Marshall asked Roscoe for his license and registration; he instead handed her his identification card, and told Officer Marshall that his license had been suspended. She informed him that she had probable cause to believe that he had operated a vehicle while intoxicated, and to stay seated with his hands visible while she walked to the driver's side. Roscoe did not comply and was fidgety; consequently, Officer Marshall ordered him out of the vehicle and placed him in handcuffs. Roscoe also admitted to drinking an alcoholic

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Ind. Code

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