Preview:

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. ATTORNEY FOR APPELLANT: MARCE GONZALEZ, JR. Merrillville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ANDREW LEE WATTS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee. ) ) ) ) ) ) ) ) )

No. 45A03-0506-CR-249

APPEAL FROM THE LAKE SUPERIOR COURT CRIMINAL DIVISION, ROOM 1 The Honorable Salvador Vasquez, Judge Cause No. 45G01-0308-MR-00008

September 7, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

SULLIVAN, Judge

Following a jury trial, Appellant, Andrew Lee Watts, was convicted of Voluntary Manslaughter as a Class A felony 1 and Criminal Recklessness as a Class C felony. 2 Upon appeal, Watts presents three issues for our review: (1) whether the trial court erred when it instructed the jury on the lesser included offense of voluntary manslaughter, (2) whether the trial court committed fundamental error in failing to instruct the jury on the definition of sudden heat, and (3) whether the trial court abused its discretion in imposing aggravated and consecutive sentences. We affirm. The facts most favorable to the convictions reveal that on the night of August 23, 2003, Roy Atkins, whose nickname was "Champ," went to the Face to Face Lounge in Gary, Indiana. Watts, whose nickname is "Pissy," was also at the Face to Face Lounge and was accompanied by his friends Ronald Crawford, Roy McDuffie, and others. That night, Atkins was involved in a verbal altercation with Watts, Crawford, and McDuffie, which appeared to be gang-related. Gary Police Officer Anthony Boleware was at the Face to Face Lounge working undercover and witnessed the altercation. Officer

Boleware observed Atkins, who attracted his attention because he was being "loud," approach a group of men, which included Watts, Crawford, McDuffie, and others, as they were standing in the corner of the Lounge. Two other bar patrons, Roshonda Crump and Justin David, also observed Atkins's loud demeanor and his encounter with the group of individuals.
1 2

Ind. Code

Download Andrew Watts v. State of Indiana.pdf

Indiana Law