OPINION
Anthony Hayes (“Hayes”) was convicted of Class D felony possession of cocaine following a bench trial in Marion Superior Court. He appeals, raising one issue: whether sufficient evidence supports his conviction. We affirm.
Facts and Procedural History 1
On July 8, 2005, Indianapolis Police Officer Jonathan Baker (“Officer Baker”) was on patrol in a marked police cruiser near the 800 block of Udell Street. While stopped at a stop sign, Officer Baker observed three or four individuals “just standing there not doing anything” while Johnny Davis swept trash from the street into a blue plastic trash bin. Tr. p. 22. As Officer Baker slowed to a stop, he observed Hayes walk over to the bin, which he described as “at most ... eighteen inches high[.]” Tr. p. 34. Officer Baker got out of his patrol car as Hayes stopped, reached down and put his right hand, which was closed in a fist, completely into the bin. Hayes then pulled his open and empty right hand out.
Officer Baker got out of his patrol vehicle and approached the group. He first spoke to Davis and then walked toward the trash bin. As Officer Baker reached down into the bin, Hayes immediately started across the street. Officer Baker asked Hayes to come back and talk to him, but Hayes acted as if he did not hear the request. Officer Baker asked Hayes again to come back and talk to him, and Hayes responded “Who me? I gotta go.” Tr. p. 31.
Hayes continued across the street and then entered a church lot with a large “No Trespassing” sign. Officer Baker then or
The State charged Hayes with Class D felony possession of cocaine and Class A misdemeanor resisting law enforcement. At the conclusion of a bench trial, Hayes was convicted of both counts and sentenced to concurrent terms, which after taking into account good-time credit, amounted to time served. He now appeals his conviction of Class D felony possession of cocaine.
Standard of Review
When reviewing the sufficiency of evidence to establish the elements of a crime, we consider only the evidence and reasonable inferences drawn therefrom that support the conviction.
Cherrone v. State,
Discussion and Decision
Hayes argues that the evidence is insufficient to support his conviction because several other individuals were present who could have placed the crack cocaine into the bin during Officer Baker’s “extended absence from the scene.” Br. of Appellant at 7. He asserts that while the bin was unattended, someone else may have been presented with “an ideal opportunity to get rid of the contraband and shift the blame to someone else.” Br. of Appellant at 9.
In support of his argument, Hayes argues that the facts presented here substantially differ from Indiana cases holding that sufficient evidence was presented where a defendant discarded or disposed of an illegal substance later recovered by police.
See Patterson v. State,
In response, the State contends that the evidence presented establishes actual possession of the cocaine. Actual possession of contraband occurs when a person has direct physical control over the item.
Gee v. State,
In the case before us, Officer Baker testified that he observed Hayes reach down and place his closed right fist completely inside the approximately eighteen-inch-high bin and then remove his empty hand. Tr. pp. 23, 30, 33. He also testified that as he approached the bin, Hayes
We do not reweigh evidence or judge the credibility of witnesses.
Cherrone,
Affirmed.
Notes
. We heard oral argument on September 25, 2007, at the Indiana University School of Law-Indianapolis.