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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. ATTORNEY FOR APPELLANT: MARK SMALL Marion County Public Defender Agency Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Apr 13 2010, 10:09 am

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

CLERK

No. 49A02-0905-CR-432

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Paula Lopossa, Senior Judge Cause No. 49G02-0812-FA-289807

April 13, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Antonio Walker appeals his convictions and sentences for one count of robbery as a class B felony;1 six counts of attempted robbery, one as a class A felony and five as class B felonies;2 unlawful possession of a firearm by a serious violent felon as a class B felony;3 criminal recklessness as a class C felony;4 carrying a handgun without a license as a class A misdemeanor;5 and his adjudication as an habitual offender.6 Walker raises several issues, which we revise and restate as: I. II. Whether the trial court properly denied Walkers Batson challenge; Whether the trial court abused its discretion in denying Walkers motion for mistrial; Whether the evidence is sufficient to sustain Walkers convictions for attempted robbery as class B felonies and his conviction for unlawful possession of a firearm by a serious violent felon; and Whether the trial court abused its discretion in sentencing Walker.

III.

IV.

We affirm in part, reverse in part, and remand with instructions. The relevant facts follow. During the evening of December 18, 2008, a number of people were at Big Engine Entertainment, an Indianapolis recording studio owned by Gregory Arnold, Jr. ("Arnold Jr."), for a recording session. The buildings occupants included a number of Arnold Jr.s relatives, friends, employees, and children. Arnold Jr.
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Ind. Code

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