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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
Feb 16 2009, 9:03 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: STANLEY L. CAMPBELL Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KELLY A. MIKLOS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ROY G. BELCHER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A03-0806-CR-291

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Kenneth R. Scheibenberger, Judge Cause No. 02D04-0703-FD-212

February 16, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge

Roy G. Belcher was convicted of auto theft1 as a Class D felony after a jury trial and was sentenced to one and one-half years executed. He appeals, raising the following restated issue: whether sufficient evidence was presented to support his conviction for auto theft. We affirm. FACTS AND PROCEDURAL HISTORY In February 2006, Belcher began working as an independent salesman for Auto Gallery, which was located in Allen County, Indiana. Auto Gallery was in the business of selling used cars, trucks, and other motor vehicles and was owned by Robert Wilder, Sr. and Wadidi Sudharq. In the Spring of 2006, Auto Gallery received a shipment of all-terrain vehicles ("ATVs") to sell. When this shipment arrived, Belcher spoke with Wilder and expressed an interest in buying two of the ATVs. Wilder, who was in charge of the retail portion of the business, including the sale of ATVs, told Belcher that he would have to pay cash up front for the ATVs. Some time after this conversation occurred, Belcher loaded two ATVs onto an Auto Gallery truck with the assistance of Sudharq and took the ATVs home. In May 2006, Wilder discovered that the two ATVs were gone and told Belcher to "either bring them back or pay for them." Tr. at 63. Belcher asked him if they could work something out, but Wilder again insisted that Belcher either bring the ATVs back or pay for them. Id. Over the next few months, Wilder demanded that Belcher return or pay for the ATVs, but Belcher never complied. Wilder eventually fired Belcher from his employment at Auto Gallery on August

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See Ind. Code

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