Currant Barnes v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 19, 2018
• Docket: 49A02-1711-CR-2542
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Apr 19 2018, 10:27 am regarded as precedent or cited before any court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Barbara J. Simmons Curtis T. Hill, Jr. Oldenburg, Indiana Attorney General of Indiana

Katherine Cooper Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Currant Barnes, April 19, 2018 Appellant-Defendant, Court of Appeals Case No. 49A02-1711-CR-2542 v. Appeal from the Marion Superior Court State of Indiana, The Honorable David Certo, Judge Appellee-Plaintiff The Honorable David Hooper, Magistrate Trial Court Cause No. 49G12-1707-CM-24972

Altice, Judge.

Case Summary

Court of Appeals of Indiana | Memorandum Decision 49A02-1711-CR-2542 | April 19, 2018 Page 1 of 4 [1] Currant Barnes appeals his conviction for Class B misdemeanor possession of

marijuana. His sole claim is that the evidence is insufficient to support the

conviction.

[2] We affirm.

Facts & Procedural History

[3] On July 6, 2017, IMPD Officer Kari Pennington was on bike patrol in a

downtown Indianapolis park. As she rode through the park in full police

uniform, Officer Pennington observed Barnes sitting alone at a picnic table

holding something in his hands above the table. The two made eye contact

when Officer Pennington was about fifteen feet away, and Barnes immediately

dropped something. Officer Pennington then turned toward Barnes, who began

scraping something from the table into his right hand. Officer Pennington

quickly got off her bike and placed Barnes’s hands behind his back. She then

removed loose marijuana from Barnes’s right hand. Officer Pennington also

observed a small amount of loose marijuana on the picnic table, Barnes’s lap,

and the ground. Additionally, there was an unsmoked marijuana blunt on the

ground right beside Barnes where she had observed him drop something.

[4] Officer Pennington placed Barnes in handcuffs, and Barnes immediately stated

that it was just marijuana and that he had no criminal history. Barnes was

yelling and adamant that he should not be arrested. Officer Pennington verified

that Barnes did not have any criminal history but explained that there’s a zero-

tolerance policy in the city parks.

Court of Appeals of Indiana | Memorandum Decision 49A02-1711-CR-2542 | April 19, 2018 Page 2 of 4 [5] The State charged Barnes with Class B misdemeanor possession of marijuana.

At a bench trial on October 5, 2017, at which Officer Pennington and Barnes

testified, the trial court found Barnes guilty as charged and sentenced him to

time served (180 days in jail with 176 days suspended) and 40 hours of

community service.

Discussion & Decision

[6] On appeal, Barnes relies on his own testimony, which directly contradicted

Officer Pennington’s testimony, and asserts, “[a]t most, he may have had a

fleeting possession of a small quantity of vegetation that he found on top of the

picnic table and attempted to blow away.” Appellant’s Brief at 6. Barnes

acknowledges on appeal that loose bits of marijuana were found in his hand, on

the table, in his lap, and on the ground, but he argues that Officer Pennington

never saw the blunt in his hands or discovered anything on his person during

the subsequent pat down.

[7] When we consider a challenge to the sufficiency of the evidence, we neither

reweigh the evidence nor assess the credibility of the witnesses. Suggs v. State,

51 N.E.3d 1190, 1193 (Ind. 2016). Instead, we consider only the evidence and

reasonable inferences supporting the conviction. Id. We will affirm if there is

probative evidence from which a reasonable trier of fact could have found the

defendant guilty beyond a reasonable doubt. Id.

[8] To obtain a conviction, the State was required to prove that Barnes knowingly

or intentionally possessed (pure or adulterated) marijuana. See Ind. Code § 35-

Court of Appeals of Indiana | Memorandum Decision 49A02-1711-CR-2542 | April 19, 2018 Page 3 of 4 48-4-11(a)(1). The evidence established that Barnes had loose marijuana in his

hand, on the table top where he was sitting, and on his lap. Additionally, loose

marijuana was found on the ground next to him along with an unsmoked

marijuana blunt. The blunt was in the same location that Officer Pennington

had just observed Barnes drop something before she approached him. Further,

upon being placed in handcuffs, Barnes pleaded with Officer Pennington not to

arrest him because it was only marijuana and he had no criminal history. The

evidence presented by the State amply supports the conviction for possession of

marijuana.

[9] Judgment affirmed.

Najam, J. and Robb, J., concur.

Court of Appeals of Indiana | Memorandum Decision 49A02-1711-CR-2542 | April 19, 2018 Page 4 of 4