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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.

ATTORNEY FOR APPELLANT: ANN M. SUTTON Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MARA McCABE Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0606-CR-347

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Evan Goodman, Judge Cause No. 49F15-0508-FD-130816

March 29, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Stanley Rodgers 1 appeals his convictions for theft as a class D felony 2 and possession of paraphernalia as a class A misdemeanor. 3 Rodgers raises two issues, which we revise and restate as: I. Whether the investigative stop of Rodgers violated Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868 (1968); and Whether the evidence is sufficient to sustain Rodgers's convictions.

II. We affirm.

The relevant facts follow. Around two a.m. on August 1, 2005, Angela Davis, who lived on Somerset Street in Indianapolis, was awakened by her little sister. Davis looked out the window and saw a man in the car of her neighbor, Terry Cassity, rummaging through the contents of the vehicle. Davis yelled at the man, asked him if there was anything she could do to help him, and asked him why he was in her neighbor's car. The man looked at Davis, exited the vehicle, and was carrying a "soft lunch box." Transcript at 16. The man walked over to and entered a truck that belonged to Davis's father. The man left the second vehicle and turned down Walnut Street. Davis called the police, and Indianapolis Police Officer Jeffrey Luster arrived on the scene and spoke with Davis. Davis described the man as "a white male wearing blue

We note that the notice of appeal and charging information spells the appellant's last name as "ROGERS," Appellant's Appendix at 17-18; however the appellant spelled his last name as "R-O-D-G-ER-S" for the trial court. Transcript at 79.
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Ind. Code

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