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08/31/87 PHILLIP BEACH AND CESARE MOTISI v. STATE

Filed: August 31, 1987.

PHILLIP BEACH AND CESARE MOTISI, DEFENDANT-APPELLANTS
v.
STATE OF INDIANA, PLAINTIFF-APPELLEE



APPEAL FROM THE VANDERBURGH CIRCUIT COURT, The Honorable Robert S. Mathews, Special Judge, Cause No. 4956.

Neal, J., Ratliff, C.j. and Conover, J. Concur.

Author: Neal

STATEMENT OF THE CASE

NEAL, J.

Defendant-appellants, Cesare Motisi (Motisi) and Phillip Beach (Beach), appeal their convictions of attempted battery, a Class C felony, and criminal recklessness, a Class D felony, following a jury trial in the Vanderburgh Circuit Court.

We affirm.

STATEMENT OF THE FACTS

On the evening of April 25, 1985, one Dawn Flowers and a friend, Robin Davis (Davis), walked down a neighborhood street to use a pay telephone. Beach was already using the phone and Motisi was waiting for him nearby when they arrived. While he was on the telephone, Beach became annoyed with Davis, and words were exchanged between them. They confronted each other, and Beach began chasing Davis down the street, yelling obscenities at him. As he did so he passed the home of Billy Riggles (Riggles). Riggles lived in the home with Doris Flowers, Dawn's mother, and her four children. Riggles and several children were outside in the front yard as the incident transpired, and Riggles asked Beach to watch his language around the children. An argument ensued between them, after which Beach left and returned to his car, picked up Motisi, and proceeded to drive his vehicle down the sidewalk in front of Riggles' home, narrowly missing Doris Flowers, among others, as she jumped from the path of the oncoming car. The police were summoned, but Beach and Motisi had left the scene by the time they arrived. Thirty minutes later, Beach and Motisi returned with Beach still driving. They exited the vehicle and began shouting at the people inside the Riggles's home. Motisi was armed with a rifle at this point, and he fired it several times, including one shot aimed at Riggles, who was standing on his front porch. The police were summoned again, and both Beach and Motisi were arrested. Following a jury trial Motisi and Beach were found guilty of attempted battery and criminal recklessness. They subsequently instituted this appeal.

ISSUES

The following issues are presented for our review:

I. Motisi claims that the trial court erred in preventing him from cross-examining a State witness regarding the victim's criminal record.

II. Beach and Motisi claim that the trial court erred in permitting the State to elicit testimony on rebuttal that neither Motisi nor Beach had reported being beaten, robbed, or shot at on the night in question.

III. Motisi contends that the trial court erred in refusing to grant Motisi's motion for mistrial.

IV. Beach claims that there was insufficient evidence to support his convictions.

Discussion AND ...


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