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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
Nov 14 2008, 9:58 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: CHARLES E. STEWART, JR. Appellate Public Defender Crown Point, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SHELLEY M. JOHNSON Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
SIDNEY L. KINCAID, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A04-0711-CR-626

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Kathleen A. Sullivan, Judge Pro Tempore Cause No. 45G01-0608-FA-49

November 14, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Sidney L. Kincaid appeals his conviction of dealing in cocaine, a Class A felony. 1 Finding the evidence sufficient to support the conviction, we affirm. FACTS AND PROCEDURAL HISTORY David Alcaraz's mother contacted Detective George Cossey of the East Chicago Police Department because she was concerned about Alcaraz's drug problem. Alcaraz met with Detective Cossey and claimed he was no longer using drugs. Alcaraz offered to act as an informant. On August 5, 2006, Alcaraz made a controlled buy from Kincaid. Prior to the purchase, Detective Cossey conducted a patdown search of Alcaraz and had him lift up his pant legs and empty his pockets. Alcaraz did not have any money, weapons, or drugs. Detective Cossey gave Alcaraz a shirt with a video and audio recording device in the button, as well as a lighter that acts as a recording device. Alcaraz was given $200 and was directed to buy approximately five grams of cocaine. The purchase was to take place at Kincaid's girlfriend's apartment, a place where Kincaid often stayed. Detective Cossey drove Alcaraz to that neighborhood and parked in an alley. Detective Cossey watched Alcaraz until he turned to exit the alley.

Detectives William Jansky and Jose Rivera were parked where they could see Alcaraz walk from the alley to the apartment building. Alcaraz was inside the building for a minute or less, and then he returned to Detective Cossey's car. None of the detectives saw Alcaraz do anything unusual or deviate from his course.

1

Ind. Code

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