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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
May 21 2010, 8:52 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: C. ROBERT RITTMAN Grant County Public Defender Marion, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ALLEN HORTON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 27A02-0912-CR-1219

APPEAL FROM THE GRANT CIRCUIT COURT The Honorable Mark E. Spitzer, Judge Cause No. 27C01-0808-FA-158

May 21, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Allen Horton appeals his conviction for Robbery, as a Class A felony.1 We affirm. Issues Horton raises two issues on appeal: I. Whether there was sufficient evidence to support his conviction based on accomplice liability; and Whether the trial court abused its discretion in refusing his two proffered jury instructions on accomplice liability. Facts and Procedural History August 14, 2008, Darrell Hollins and Matthew Dragoo drove to Marion, Indiana, where Hollins went into Tina Jones's ("Tina") house to purchase twenty Lortabs. When Hollins returned to the car, he told Dragoo that Tina was going to have her son call Hollins so that he could buy marijuana from the son at a low price. Shortly thereafter, Tina called Hollins to give him her son's phone number. After several short conversations, Ralph Jones ("Ralph"), Tina's son, agreed to sell Hollins two pounds of marijuana for $2300. Hollins and Ralph agreed to meet at a particular apartment building. Ralph then called his friend Maurice McClung, also known as "Mo," to see if Maurice could supply the needed two pounds of marijuana. That afternoon, Ralph, Maurice, Horton, and Cletus Luster met in Tina's garage. While they were together, the group had several phone conversations with Hollins to verify that Hollins had the money and truly wanted to

II.

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Ind. Code

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