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FOR PUBLICATION

FILED
Jan 12 2011, 9:53 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MICHAEL R. FISHER Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

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

No. 64A03-1001-CR-18

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Lisa F. Borges, Special Judge Cause No. 64D05-0908-FA-08883-002 Cause No. 49G04-0807-FA-180823

January 12, 2011

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Brian Reese ("Reese") appeals his convictions for Attempted Murder, a Class A felony,1 Resisting Law Enforcement, as a Class A misdemeanor,2 and Carrying a Handgun Without a License, elevated to a Class C felony due to a prior offense.3 We affirm. Issues Reese presents four issues for review: I. II. III. IV. Whether the trial court abused its discretion by admitting evidence of uncharged bad acts in violation of Indiana Evidence Rule 404(b); Whether the trial court abused its discretion in instructing the jury; Whether there is sufficient evidence to support the conviction for Attempted Murder; and Whether Reese was properly sentenced. Facts and Procedural History During the afternoon of July 10, 2008, several Indianapolis Metropolitan Police Department ("IMPD") officers were dispatched to the residence of Lona Bishop ("Bishop") in connection with a murder investigation. Reese, who was Bishops boyfriend and frequent house guest, answered an officers knock at the door and stated that he needed to put up his dog. He then abruptly shut the door and locked it. Detectives Chad Osborne and Aaron Tevebaugh, who had been stationed at the back of the residence, observed Reese jump out a window and flee, armed with a handgun. The officers gave chase but Reese was able to elude capture.

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Ind. Code

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