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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: CHRIS P. FRAZIER Marion Co. Public Defender Agency Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0608-CR-623

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Scott Devries, Commissioner Cause No. 49F18-0501-FD-004441

March 12, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Terri Sanders appeals her conviction for Theft,1 a class D felony. Specifically, Sanders argues that the trial court abused its discretion when it allowed lossprevention officer Doug Swails to testify regarding what he observed on the video feed from the store security camera because the videotape was not produced at trial. Finding that the trial court did not abuse its discretion by allowing Swails to testify, we affirm the judgment of the trial court. FACTS During the morning of January 10, 2005, Gloria Camp shopped at a Meijer store in Indianapolis. After shopping, Camp stopped at a U-Scan checkout register to pay for her purchases and placed her purse next to the register. Sanders was standing behind Camp at the register. When the scanner did not work, Camp moved to another register but accidentally left her purse at the first register. Upon attempting to pay for her purchases, Camp realized that she had left her purse, but the purse had disappeared when Camp went back to look for it. Camp asked Sanders if she had seen the purse, but Sanders denied seeing anything. Camp's purse contained a small amount of money, credit cards, two gift cards, a coin purse, and an address book. Camp frantically called her sister Linda Clark at work to tell her what had occurred. Approximately fifteen minutes later, Clark received a phone call from a woman who identified herself as "Terri" and said that she had found Camp's purse in the Meijer bathroom and had "taken it home for safekeeping." Tr. p. 105. The woman told Clark that she took

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