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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: NEIL L. WEISMAN South Bend, Indiana

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

FILED
of the supreme court, court of appeals and tax court

Jun 09 2010, 10:15 am

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

CLERK

No. 71A03-1002-CR-89

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable John M. Marnocha, Judge Cause No. 71D02-0703-FD-311

June 9, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Tara L. Huffman appeals her convictions following a jury trial for possession of cocaine,1 fraud,2 and theft3 as class D felonies. We affirm. ISSUES 1. Whether Huffman's fraud and theft convictions violate Indiana's Double Jeopardy Clause because the same evidence was used to establish the essential elements of both offenses. 2. Whether sufficient evidence supports Huffman's convictions. FACTS The facts most favorable to the judgment are that beginning at approximately 1:00 p.m. on March 20, 2007 into the evening hours, Huffman, her nephew, Ronnie Underwood Jr. ("Ronnie"), and his girlfriend consumed large quantities of alcohol at Ronnie's house. Later that evening, Toni Underwood, who was Huffman's sister and Ronnie's mother, telephoned to say that her boyfriend, Dean Hughes, "was beating her up." (Tr. 250). Huffman, Ronnie, and Turner drove to Hughes' residence to pick up Toni. Shortly after they arrived, Ronnie and Hughes fought. The fight ended with Hughes lying prostrate, unconscious or possibly dead, on the floor in front of his recliner chair.

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Ind. Code

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