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 Aug 22 2014, 8:58 am
establishing the defense of res judicata,
collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:
DEBORAH MARKISOHN GREGORY F. ZOELLER
Indianapolis, Indiana Attorney General of Indiana
KATHERINE MODESITT COOPER
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
JIHAND JOHNSON, )
)
Appellant-Defendant, )
)
vs. ) No. 49A02-1401-CR-6
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
APPEAL FROM THE MARION COUNTY SUPERIOR COURT
The Honorable Kimberly Brown, Judge
Cause No. 49F07-1302-CM-009018
August 22, 2014
MEMORANDUM DECISION - NOT FOR PUBLICATION
VAIDIK, Chief Judge
Case Summary
Jihand Johnson appeals his conviction in a bench trial of Class A misdemeanor
carrying a handgun without a license. He argues that the trial court committed reversible
error when it admitted the handgun into evidence because the gun was discovered as the
result of search that violated both the United States and Indiana Constitutions. Finding that
Johnson has waived this issue, and that the gun was merely cumulative of other evidence,
we affirm.
Facts and Procedural History
At approximately 2:00 p.m. on February 7, 2013, a robbery victim flagged down
Indianapolis Metropolitan Police Department Officer Lee Rabensteine. A witness told the
officer that a suspect had just run into a nearby building that housed one or two apartments.
Officer Rabensteine and Officer Adam Mengerink noticed Johnson exit the building.
Officer Rabensteine stopped and detained Johnson while officers continued to search for
other suspects. Officer Rabensteine asked if he could check Johnson’s pockets for items
stolen during the robbery. Johnson consented to the search, and Officer Rabensteine found
a handgun that was unrelated to the robbery in Johnson’s pocket.
Officer Rabensteine arrested Johnson for carrying a handgun without a license
because Johnson did not have a valid permit. At a bench trial, Officer Rabensteine testified
without objection that he found a gun when he searched Johnson’s pockets. Officer
Mengerink testified without objection that he observed the search and saw Officer
Rabensteine pull a handgun out of Johnson’s pocket. The trial court convicted Johnson of
carrying a handgun without a license.
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Johnson now appeals.
Discussion and Decision
Johnson contends that the trial court erred in admitting into evidence the handgun
found during the search of his pockets. Specifically, he argues that the gun was discovered
as the result of an illegal search and seizure, which violated both the United States and
Indiana Constitutions. Johnson, however, has waived appellate review of this issue
because he failed to make a contemporaneous objection to the admission of the gun into
evidence at trial. See Brown v. State, 929 N.E.2d 204, 207 (Ind. 2010) (stating that the
failure to make a contemporaneous objection to the admission of evidence at trial results
in waiver of the error on appeal).
Waiver notwithstanding, even if the trial court erred in admitting the evidence, the
improper admission of evidence is harmless error when the erroneously admitted evidence
is merely cumulative of the other evidence before the trier of fact. Purvis v. State, 829
N.E.2d 572, 585 (Ind. Ct. App. 2005), trans. denied. Here, Officer Mengerink testified
without objection that he observed the search and saw Officer Rabensteine pull a handgun
out of Johnson’s pocket. Because the gun was merely cumulative of Officer Mengerink’s
testimony, any error in admitting the gun into evidence was harmless. See id. We therefore
affirm Johnson’s conviction for carrying a handgun without a license.
Affirmed.
FRIEDLANDER, J., and MAY, J., concur.
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