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: THOMAS M. THOMPSON Thompson Law Office Connersville, Indiana

FILED
Jan 26 2010, 8:50 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
STEVEN E. DURHAM, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 21A01-0905-CR-234

APPEAL FROM THE FAYETTE CIRCUIT COURT The Honorable Daniel Lee Pflum, Judge Cause No. 21C01-0704-FB-63

January 26, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Steven Durham appeals his convictions for possession of anhydrous ammonia as a class D felony,1 possession or sale of precursors as a class D felony,2 and criminal recklessness as a class B misdemeanor.3 Durham raises two issues, which we revise and restate as: I. Whether the trial court erred by denying Durham's motion for discharge under Ind. Criminal Rule 4(C); and Whether the evidence is sufficient to sustain Durham's convictions.

II. We affirm.

The facts most favorable to the convictions follow. In April 2007, Angie Gabbard resided in Connersville, Indiana. Durham placed a "small travel trailer" or "camper" on Gabbard's property and stayed in the trailer most of the time. Transcript at 11-12. Gabbard, a methamphetamine user, purchased lithium batteries, pseudoephedrine, lantern fuel, coffee filters, and mason jars for Durham so that he could produce methamphetamine. Gabbard allowed Durham to keep the trailer on her property because he exchanged methamphetamine as a form of payment for rent. On April 8, 2007, there was an explosion and the trailer "went up in flames." Id. at 81. Durham ran across Gabbard's yard. The police received a call regarding the fire and explosion. Connersville Police Officer Dax Gunder arrived at the scene and saw a

1

Ind. Code

Download Steven E. Durham v. State of Indiana.pdf

Indiana Law