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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
Apr 27 2011, 8:53 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: SUSAN D. RAYL Smith Rayl Law Office, LLC Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

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

No. 27A05-1005-CR-310

APPEAL FROM THE GRANT SUPERIOR COURT The Honorable Jeffrey D. Todd, Judge Cause No. 27D01-0608-MR-153

April 27, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE Alton Moss appeals his convictions for murder and burglary, as a Class B felony, following a jury trial. He presents the following issues for our review: 1. Whether the trial court abused its discretion when it permitted the State to introduce into evidence a statement Moss made to police. Whether the trial court abused its discretion when it limited the scope of Mosss cross-examination of a witness. Whether the trial court abused its discretion when it permitted the State to introduce certain evidence that Moss contends violated Evidence Rule 404(b). Whether the State presented sufficient evidence to support his conviction for burglary. Whether his sentence is inappropriate in light of the nature of the offenses and his character.

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We affirm. FACTS AND PROCEDURAL HISTORY Moss appealed an interlocutory order in 2009, and we issued an opinion stating the facts and procedural history of this case as follows: On January 16, 2003, Jamie Smith (Smith) was shot dead in his home in Grant County, Indiana. Eyewitnesses said that two black males had entered Smiths house and that the shooting occurred while Smith was struggling with one of them. When a photo array was shown to different witnesses, Moss name was "brought up" as a person who was inside Smiths house at the time of the crimes. (Transcript p. 118). Moss became a suspect, but he was not arrested or charged at that time. In August of 2003, a Grant County jail inmate told Marion, Indiana, police that Moss[] had confessed to killing Smith while attempting to rob him of marijuana. Furthermore, in 2005, Howard Johnson (Johnson), the father of Moss ex-girlfriend (the grandfather of one of Moss children), told Marion police that Moss had made incriminating statements about the Smith killing and had said that he was trying to protect his brother, Logan Brown (Brown).
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On the morning of August 11, 2006, Moss fianc

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