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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.

FILED
Dec 21 2010, 8:16 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ADAM G. FORREST Boston Beer Klinge Cross & Chidester Richmond, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

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

No. 89A01-1005-CR-232

APPEAL FROM THE WAYNE SUPERIOR COURT The Honorable Charles K. Todd, Jr., Judge Cause No. 89D01-0411-FD-118

December 21, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Tyrone L. Townsell appeals his conviction for class D felony possession of marijuana.1 We affirm. ISSUES 1. 2. Whether the trial court erred in admitting evidence. Whether sufficient evidence supports Townsell's conviction. FACTS On November 20, 2004, K-9 Officer Curt Leverton of the Richmond Police Department was on patrol near mile marker 144 of Interstate 70. At approximately 10:00 p.m., he observed a maroon Chevy Blazer that was following a semi-tractor trailer too closely. When the Chevy passed him, Leverton observed that the driver -- later identified as Townsell -- continued to "stay[ ] approximately one car length behind the semi," despite having the opportunity to pass it safely. (Tr. 180). Leverton also noted that the Chevy did not have a visible license plate. He pulled into traffic, "caught up to [the Chevy] and followed it briefly." (Tr. 181). He then observed a temporary dealership tag on the rear window; however, due to the dark tint of the window, he could not read it. Leverton initiated a traffic stop near mile marker 148. When he approached the Chevy, Townsell lowered his window "only about a third of the way down," making it "hard [for Leverton] to hear" him.
1

(Tr. 187).

Leverton later testified that in his

Ind. Code

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