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Scott v. State

Court of Appeals of Indiana

March 4, 2014

JERMAINE CHRISTOPHER SCOTT, 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 LAKE SUPERIOR COURT. The Honorable Clarence D. Murray, Judge. Cause No. 45G02-1107-FB-66.

ATTORNEY FOR APPELLANT: THOMAS W. VANES, Office of the Public Defender, Crown Point, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ANGELA N. SANCHEZ, Deputy Attorney General, Indianapolis, Indiana.

NAJAM, Judge. BAKER, J., and CRONE, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge.

STATEMENT OF THE CASE

Jermaine Christopher Scott appeals his conviction for burglary, as a Class B felony, following a jury trial. Scott presents a single issue for review: Whether the trial court committed fundamental error when it instructed the jury regarding a co-defendant's testimony at trial. We affirm.

FACTS AND PROCEDURAL HISTORY

In the early hours of July 10, 2011, Anna Rose slept in a recliner in her ground-level apartment on Michigan Avenue in Hammond. A cold breeze from an open window in the apartment woke Rose, who found that the back door was ajar and her big screen Phillips television was missing. Rose telephoned the police to report the burglary.

The same night, even before Rose called to report the break-in, an anonymous caller reported to the Hammond Police Department that someone was carrying a large screen television in an alley near 1105 Michigan Avenue. Officer Keith Barnard and Officer Ryan Orr of the Hammond Police Department responded separately. Officer Barnard investigated the alley off 1105 Michigan Avenue, and Officer Orr looked nearby. Officer Barnard observed an open window in the home at 1105 Michigan, and then he heard a woman, Rose, calling to him. Rose told Officer Barnard that her television was missing from her apartment.

While Officer Orr was searching the alley that connects Wilcox and Michigan Avenue, a passing motorist informed him that the motorist had seen three men with a television in a nearby alley north of Michigan Avenue and west of Columbia. As Officer Orr proceeded to that location, a vehicle with at least two occupants and a temporary license plate exited the alley and turned onto Columbia. Officer Orr followed in his vehicle and attempted to initiate a traffic stop to investigate why the vehicle had been in the area of the suspicious activity. The other vehicle failed to stop ...


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