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-
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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.
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