Bush v. State

• Decision Date: 08 October 2021
• Docket Number: 21A-CR-842
• Parties: Lamar Bush, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
• Court: Indiana Appellate Court

Lamar Bush, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

No. 21A-CR-842

Court of Appeals of Indiana

October 8, 2021

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.

Appeal from the Starke Circuit Court Trial Court Cause No. 75C01-2009-F2-10 The Honorable Kim Hall, Judge

ATTORNEY FOR APPELLANT Timothy J. Lemon Knox, Indiana

ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General of Indiana Steven J. Hosler Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Tavitas, Judge.

Case Summary

[¶1] Lamar Bush challenges his convictions for dealing in a narcotic substance and dealing in methamphetamine, Level 2 felonies. Bush argues that the evidence presented at trial is insufficient to sustain his convictions. We do not agree and, accordingly, affirm the trial court.

Issue

[¶2] Bush raises two issues, which we consolidate and restate as whether there is sufficient evidence to sustain his convictions.

Facts

[¶3] On September 3, 2020, Chief Deputy John Lynch of the Hamlet Police Department, while parked in his patrol car across from a gas station, observed an SUV pull into the gas station and park. Shortly thereafter, a second car, a white Buick driven by Bush, arrived and pulled alongside the first vehicle. Bush exited the Buick and walked up to the SUV, at which point Deputy Lynch could no longer see what Bush was doing. The SUV then departed, and Bush moved his car to a different area of the parking lot. Bush opened a rear car door, appeared to manipulate something inside the car, and then did the same inside the trunk. Deputy Lynch watched as Bush got into the driver's seat and drove the white Buick away.

[¶4] As Bush was driving away, Deputy Lynch followed and was able to make out the expired registration sticker on the license plate of the white Buick. Deputy Lynch further observed that the lightbulb above the license place was inoperable. Deputy Lynch effectuated a traffic stop. During the stop, Deputy Lynch noted that Bush and his passenger appeared to be nervous. Deputy Lynch requested backup from Deputy Jack Hudgens. While Deputy Lynch was writing a citation for the expired license plate and an inoperative license plate light, Deputy Hudgens arrived on the scene, accompanied by a canine officer. An open-air sniff revealed the presence of narcotics in the vehicle.

[¶5] Officers searched the car and discovered: (1) empty sandwich bags; (2) a glass pipe; (3) a scale; (4) a tourniquet; (5) several syringes; (6) 16.94 grams of heroin in the trunk; and (7) three bags of methamphetamine, the largest bag weighing 82.58 grams. Combined, the three bags of methamphetamine weighed 134.51 grams. One of the bags was found behind the driver's seat, and two were located in the trunk, where the heroin was also located.

[¶6] Bush and his passenger were arrested. While still at the scene, Bush informed officers that he and his passenger won $10, 000 at a casino and used the money to purchase the drugs with the intent of reselling them. Bush subsequently rendered a different version of events, wherein an unknown male got into the Buick, provided the drugs, and then threatened Bush and his family with harm if Bush did not deliver the drugs in accordance with the unknown male's instructions. Bush explained that the unknown male provided a so-called burner phone and that Bush threw the phone out of his car window once he was being pursued by police. Officers did not recover any such phone.

[¶7] On September 8, 2020, the State...