from the Marion Superior Court The Honorable Kurt Eisgruber,
Judge Trial Court Cause No. 49G01-0203-MR-84150
Attorney for Appellant Victoria L. Bailey Marion County
Public Defender Agency Indianapolis, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Michael Gene Worden Deputy Attorney General
SHARPNACK, SENIOR JUDGE.
of the Case
Corey Lamont Spurlock appeals the sentence imposed by the
trial court at his resentencing. We affirm.
Spurlock presents one issue for our review, which we restate
as: whether the trial court erred in resentencing him.
and Procedural History
The facts underlying Spurlock's convictions, as set out
in his direct appeal, are as follows:
On November 3, 1999, Indianapolis Police Officers received a
report of a dead body at 2427 North Oxford Street. There were
no signs of forced entry at the address, but once there,
officers found the dead bodies of Michael Haddix, Jr. and
Crystal Davenport. Haddix had been shot three times including
a fatal wound to the back of his head. Davenport had been
fatally shot in the forehead.
Haddix's father testified that it was likely that Haddix
kept a gun in his house for protection. However, no weapon
was retrieved from Haddix's residence after his death.
Further, Haddix's father had given Haddix some money, and
Haddix recently had won some money, but no cash was found in
Haddix's home after his death.
On November 12, 1999, Aurelia Mason heard gunshots coming
from the residence of her next-door neighbors. When police
officers arrived, there was no sign of forced entry at 2960
North Park Avenue, but officers found the dead bodies of
Benjamin Boone and Doris Johnson [Johnson]. Boone had been
fatally shot in the back of the head and neck. Johnson had
been fatally shot three times in the back of the head and
Boone and Johnson both used crack cocaine in their house.
There was also a gun inside the house. Ronald Freeman,
Boone's friend, was at Boone's house in the evening
on November 11, 1999. Freeman smoked crack cocaine with Boone
and Johnson, and then left shortly after two other men
arrived at Boone's house. Freeman testified that as he
walked away from the house he heard gunshots and saw the
flash from a gun being fired. ...