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: MONTY B. ARVIN Deputy Public Defender Kokomo, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

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

No. 34A02-0708-CR-702

APPEAL FROM THE HOWARD SUPERIOR COURT The Honorable William Menges, Judge Cause No. 34D01-0506-FD-162

December 12, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Tobiah Belcher appeals his conviction, after a jury trial, of receiving stolen property, a class D felony. 1 We affirm. ISSUES 1. Whether the trial court committed reversible error when it allowed the State to amend the charging information. 2. Whether the trial court abused its discretion in admitting evidence at trial. 3. Whether the evidence is insufficient to support Belcher's conviction. FACTS On June 15, 2005, the Kokomo home of Aaron Masavage was burglarized; his firearms collection and some firearm-related items were stolen. Law enforcement

officers learned that four teenage boys were responsible. During the execution of a search warrant, officers found some of the stolen items in possession of the boys. Based upon information obtained as a result of that discovery, officers then sought and obtained a warrant to search the premises at 1309 North Courtland in Kokomo. Officer William Robeson was part of a team of officers assembled concerning the warrant. Anticipatory to its execution, Robeson was conducting surveillance of the Courtland residence after nightfall on June 22, 2005, when he observed three individuals that appeared to be "in the process of moving," as they were "loading a truck full of items

1

Belcher's appeal does not challenge his conviction of possession of marijuana, a class A misdemeanor.

2

from the residence." (Tr. 78). He advised other officers on the team when the truck departed the Courtland residence. Officer Bruce Rood followed the truck until it stopped at a residence on South Armstrong. Three individuals exited the truck: a white male, a black male, and a black female. Rood identified himself as a police officer and stated that he needed to talk with them. The white man and the woman cooperated, and she was determined to be Bernice Wright. The black male, who was wearing a cast on his right arm and was subsequently determined to be Belcher, ran until he was out of sight behind a building. Other officers came to the area, including a canine unit. The officers found Belcher hiding under a utility trailer behind the building. After Belcher surrendered, the officers found a baggie containing marijuana under the trailer, and Belcher was arrested. Meanwhile, other officers executed the search warrant at the Courtland address. In the bedroom on the first floor, they found a long gun propped against the wall, but this gun was not an item stolen from Masavage. However, also in the bedroom but not in plain view, officers found five firearms that had been stolen from Masavage: a Marlin Model 39 .22 long rifle, a Ruger Model 10-22 rifle, an Armalite rifle, a Ruger Model 77 .22 rifle, and a Mossberg shotgun. Two firearms were found in a double rifle carrying case bearing a tag with Masavage's name. On June 24, 2005, the State charged Belcher with one count of receiving stolen property, a class D felony. The information alleged that he "did knowingly receive, retain or dispose of the property of" Masavage

Download Tobiah Belcher v. State of Indiana.pdf

Indiana Law