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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
Aug 12 2010, 9:02 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: SEAN P. HILGENDORF South Bend, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

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

No. 71A04-1001-CR-99

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable Roland W. Chamblee, Jr., Judge Cause No. 71D08-0902-FA-9

August 12, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Robtavious Collins ("Collins") appeals his conviction for Possession of Heroin Within One Thousand Feet of School Property,1 as a Class B felony, presenting the single issue of whether the conviction is supported by sufficient evidence. We affirm. Facts and Procedural History On February 5, 2009, around 7 a.m., officers of the South Bend and St. Joseph County Police Departments served a warrant on the residence Collins shared with Ashley Pfeifer ("Pfeifer") and Ronny King ("King"). While searching a dresser drawer in the bedroom Collins and Pfeifer shared, police discovered a baggie with what appeared to be crack cocaine. Underneath this were several documents belonging to Collins, including a debit card and an ATM card. In the same room police came upon a pair of 36-inch waist blue jeans laid over a pair of sneakers. In the right pocket of the jeans Sergeant Flanagan found a baggie with a white substance, which was later determined to be heroin. Collins was charged with Possession of Heroin Within One Thousand Feet of School Property and Possession of 3 or More Grams of Cocaine Within One Thousand Feet of School Property. At trial, Collins stipulated that the house was within one thousand feet of a school and that the drugs taken from the house were properly stored and analyzed. On October 20, 2009, at the conclusion of a jury trial, Collins was convicted of Possession of

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Ind. Code

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