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Wallace v. State

Court of Appeals of Indiana

February 14, 2014

ANDREW WALLACE, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Helen Marchal, Judge. Cause No. 49G16-1302-FD-11531.

ATTORNEY FOR APPELLANT: DEBORAH MARKISOHN, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; GEORGE P. SHERMAN, Deputy Attorney General, Indianapolis, Indiana.

BARNES, Judge. ROBB, J., and BROWN, J., concur.

OPINION

BARNES, Judge.

Andrew Wallace appeals his convictions and sentence for Class D felony domestic battery and two counts of Class D felony battery on a child with injury and his status as an habitual offender. We affirm in part, reverse in part, and remand.

Issues

Wallace raises two issues, which we restate as:

I. whether fundamental error occurred as a result of the deputy prosecutor's statements during closing arguments; and

II. whether Wallace's sentence violated the provisions of Indiana Code Section 35-50-1-2(c).

Facts

Wallace was married to C.T., and they had three children, five-year-old G.W., four-year-old A.W., and one-year-old An.W. C.T. also had a child from a previous relationship, eight-year-old T.P. On February 18, 2013, Wallace and C.T. were arguing about money. At approximately 3:00 p.m., Wallace took G.W., left the apartment, and went to his uncle's house. When Wallace returned with G.W. at 7:00 p.m., he was intoxicated. Wallace began looking for his "weed" and asking C.T. about it. Tr. p. 31. Wallace then sad that G.W. took it and started walking toward the children's bedroom. C.T. tried to follow him, but Wallace pushed her down onto the sofa and "smacked [her] with an open hand." Id. at 32. Wallace then went into the children's bedroom and yelled at G.W. C.T. tried to pull him away from the children, but Wallace pushed her to the floor. Wallace got on top of G.W., punched her in the stomach, and choked her, resulting in a long scratch on her neck and shoulder. While T.P. was trying to protect G.W. from ...


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