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Spurlock v. State

Court of Appeals of Indiana

July 6, 2018

Corey Lamont Spurlock, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal 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 Indianapolis, Indiana

          SHARPNACK, SENIOR JUDGE.

         Statement of the Case

         [¶1] Corey Lamont Spurlock appeals the sentence imposed by the trial court at his resentencing. We affirm.

Issue

         [¶2] Spurlock presents one issue for our review, which we restate as: whether the trial court erred in resentencing him.

         Facts and Procedural History

         [¶3] 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 neck.
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. ...

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