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Published by the Indiana Office of Court Services

State v. Jenkins, No. 49A04-0805-CR-260, __N.E.2d __ (Ind. Ct. App., Dec. 31, 2008)

January 2, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

VAIDIK, J.
The State appeals the trial court’s grant of Williams Jenkins’ motion to suppress. Specifically, the State contends that because Jenkins, who was arrested for public intoxication and other crimes in the courtyard area of his apartment complex, was intoxicated in a public place, the trial court erred in granting his motion to suppress. We conclude that an outside, unenclosed courtyard area of an apartment complex is sufficiently distinguishable from an interior common area of an apartment building such that State v. Culp, 433 N.E.2d 823 (Ind. Ct. App. 1982), trans. denied, is not controlling. Accordingly, we find that Jenkins was in a public place and reverse the grant of his motion to suppress.
RILEY, J., and DARDEN, J., concur.

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