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Lamar v. State

Court of Appeals of Indiana

February 20, 2014

FOREST LAMAR, JR., 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 ST. JOSEPH SUPERIOR COURT. The Honorable John M. Marnocha, Judge. Cause No. 71D02-1209-FA-27.

ATTORNEY FOR APPELLANT: JULIE P. VERHEYE, Mishawaka. Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, MICHAEL GENE WORDEN, Deputy Attorney General, Indianapolis, Indiana.

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

OPINION

MEMORANDUM DECISION -- NOT FOR PUBLICATION

BARNES, Judge.

Case Summary

Forest Lamar, Jr., appeals his conviction and sentence for Class A felony attempted murder. We affirm.

Issues

Lamar raises three issues, which we restate as:

I. whether fundamental error occurred by the admission of evidence concerning the murder of Dietrich Perkins;

II. whether the evidence is sufficient to sustain Lamar's conviction; and

III. whether the sentence is inappropriate in light of the nature of the offense and the character of the offender

Facts

Dietrich Perkins was involved with selling and purchasing drugs in South Bend. On around November 14, 2011, Perkins got in a dispute with Lamar and Sylvester Garner over "shorting" them some money in a drug deal. Tr. p. 328. On November 18, 2011, Lamar, Garner, Freemond Jordan, and Bryant ...


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