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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: MARSHELLE DAWKINS BROADWELL Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0605-CR-372

APPEAL FROM THE MARION SUPERIOR COURT The Honorable David A. Shaheed, Judge Cause No. 49G14-0502-FD-19084

December 29, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

William McKenzie appeals his conviction of Possession of Marijuana, 1 a class D felony, and presents the following restated issue for review: Did the State establish a proper chain of custody of the marijuana? We affirm. The facts favorable to the judgment are that on February 6, 2005, Indianapolis Police Department (IPD) Detective Keith Minch observed McKenzie turn without signaling. Detective Minch briefly followed McKenzie, then executed a traffic stop, turning on his emergency lights and shining a spotlight on the interior of McKenzie's vehicle. Approximately thirty feet before McKenzie came to a complete stop, he tossed two small bags out of his passenger door window. When McKenzie finally stopped, Detective Minch located the two bags, which contained marijuana. Detective Minch then ran a check of McKenzie's information, discovered McKenzie's driver's license was suspended, arrested him, and took him to jail. After Detective Minch retrieved the bags, he placed them in his squad car, transported the bags to an IPD narcotics vault, placed the bags in a heat-sealed envelope, and labeled the envelope with a sticker indicating Detective Minch's name, McKenzie's name, the location where the bags were recovered, and the case number. A supervisor at the Indianapolis

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