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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: MARK A. BATES Lake County Public Defender Crown Point, Indiana

FILED
Aug 10 2010, 8:47 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JANINE STECK HUFFMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
TIMOTHY A. STEVENS, Appellant- Defendant, vs. STATE OF INDIANA, Appellee- Plaintiff, ) ) ) ) ) ) ) ) )

No. 45A05-0912-CR-723

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Salvador Vasquez, Judge Cause No. 45G01-0609-FC-115

August 10, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Judge

Case Summary and Issues Timothy Stevens appeals his conviction and sentences for one count of forgery and one count of fraud on a financial institution, both Class C felonies, and three counts of theft, all Class D felonies. For our review, Stevens raises two issues, which we restate as: whether sufficient evidence supports his convictions, and whether the trial court properly ordered his eight-year sentence to be served consecutive to a sentence in a related case. Concluding the evidence is sufficient and the sentence is proper, we affirm. Facts and Procedural History In the summer of 2006, Stevens ordered twelve blank travelers checks valued at $500.00 each, under his alias "Steve Timmons," through an internet advertisement posted by a company allegedly located in the United Kingdom. The company solicited U.S. citizens to act as representatives of the company under the condition that they cash the travelers checks in the United States for an eleven-to-fifteen percent commission on each check cashed. Upon arrival of the checks, Stevens called his attorney to ask what he should do with them. The attorney advised Stevens that the checks were probably no good and suggested that he take them to his bank. Stevens instead contacted his uncle, Kenny Campbell, to ask if he would cash the checks for him because he did not have personal identification. Kenny also lacked personal identification, so he contacted his daughter Maranda to ask if she would cash the checks; Maranda agreed. On July 23, 2006, Maranda contacted Stevens and agreed to meet him at White Castle on Route 30, down the road from the Hobart Wal-Mart. Stevens and Maranda worked out an

agreement that Maranda would receive twenty percent of each check cashed, which was
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roughly $80.00 to $100.00 per check. The two then drove to the Hobart Wal-Mart and met in the parking lot where Stevens opened a white envelope and gave Maranda one travelers check. Maranda and Stevens agreed that she would go into Wal-Mart to purchase minutes for her phone with the travelers check, and they would split the change from the purchase according to their previous agreement. From July 23, 2006 to August 2, 2006, Stevens and Maranda repeated the same process in which Maranda made purchases at two other Wal-Marts in Lake County, and three in Porter County. Maranda cashed seven of the travelers checks. Stevens signed and deposited two checks into a savings and checking account with Chase Bank. Stevens withdrew amounts from the accounts through ATM transactions and transferred money from savings to checking. The travelers checks were returned marked "counterfeit." On October 15, 2009, a jury found Stevens guilty of one count of forgery and one count of fraud on a financial institution, both Class C felonies, and three counts of theft, all Class D felonies. On November 12, 2009, the trial court sentenced Stevens to six years on the forgery count, six years on the fraud count, and two years on each theft count. The six-year sentences on the forgery and fraud counts were ordered to be served concurrently with each other, and the two year sentences on the three counts of theft were ordered to be served concurrently with each other but consecutively to the sentences on the forgery and fraud counts, for a total sentence of eight years. The trial court also ordered the sentence served consecutively to a sentence imposed by the Porter County Superior Court in a separate proceeding relating to the travelers checks cashed in Porter County. Stevens now appeals his convictions and sentences.
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Discussion and Decision I. Sufficiency of Evidence A. Standard of Review When reviewing the sufficiency of the evidence to support a criminal conviction, we neither reweigh the evidence nor judge witnesses credibility. Wright v. State, 828 N.E.2d 904, 906 (Ind. 2005). Rather, we consider only the probative evidence and reasonable inferences supporting the verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). Therefore, we will affirm the conviction if the probative evidence and reasonable inferences drawn therefrom could have allowed a reasonable trier of fact to find all elements of the crime proven beyond a reasonable doubt. McHenry v. State, 820 N.E.2d 124, 126 (Ind. 2005). B. Forgery Initially, Stevens argues the State has not proved forgery beyond a reasonable doubt because he believed the travelers checks were legitimate, and therefore, there was no evidence that he intended to defraud anyone. "A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made: (1) by another person; (2) at another time; (3) with different provisions; or (4) by authority of one who did not give authority; commits forgery, a Class C felony." Ind. Code

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