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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
Dec 29 2008, 9:01 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JEFFREY G. RAFF Deputy Public Defender Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

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

No. 02A03-0804-CR-204

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable John F. Surbeck, Jr., Judge Cause No. 02D04-0702-MR-2

December 29, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Following a jury trial, Antwain Hines was convicted of two counts of Felony Murder1 and adjudicated a Habitual Offender.2 The trial court sentenced him to an aggregate term of 160 years in prison. On appeal, Hines presents the following restated issues for review: 1. Did the State present sufficient evidence to support the convictions, which were based on accomplice liability? Is Hiness sentence appropriate?

2.

We affirm. On February 19, 2007, Keneisha Eley and her sixteen-year-old sister, Shaquela Hunter, visited Derious Fuqua and Percy Riley at Percys cousins apartment in Fort Wayne. Derious was Shaquelas boyfriend, and Keneisha was interested in Percy. Over the course of the evening, Hines, Theodore Johnson, and Jonathan Rhodes joined the group. Johnson, who had previously dated Keneisha, had a .38 caliber revolver in his pocket. A .44 caliber handgun that was owned by Percys cousin, who was not present, sat on the dining room table. During the initial part of the evening, the group drank alcohol and smoked marijuana while listening to music and playing video games. The mood changed when Johnson pulled out his gun and talked about playing Russian roulette. Johnson eventually pointed the gun at Keneishas head, which scared her and made her cry. He then punched her in the nose. While things seemed to temporarily cool down after this, Keneisha remained worried that something was going to happen. She confronted Hines on the stairs and asked him if she was

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Ind. Code Ann.

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