Byron Smith v. State of Indiana (mem. dec.)

Pyle, Judge.

[1] Bryon Smith ("Smith") appeals his conviction, following a bench trial, for Level 6 felony obstruction of justice. 1 Smith challenges the sufficiency of the evidence, contending that: (1) there is a material variance between the charging information and the evidence at trial; and (2) the State's evidence-that he picked up a baggie of suspected cocaine from his lap, placed it into his mouth, refused to spit it out, and then swallowed it-was insufficient to prove the statutory element that he had altered, damaged, or removed a thing. Concluding that any variance is not material…