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FOR PUBLICATION

ATTORNEY FOR APPELLANT: C. ROBERT RITTMAN Grant County Public Defender Marion, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

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

No. 27A05-0608-CR-468

APPEAL FROM THE GRANT CIRCUIT COURT The Honorable Thomas R. Hunt, Judge Cause No. 27C01-0506-MR-101

May 23, 2007

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Appellant-Defendant Bryson Matthews ("Matthews") appeals his convictions for Murder, 1 and Attempted Murder. 2 We affirm. Issues Matthews presents two issues for review: I. Whether the trial court admitted evidence in violation of Indiana Evidence Rule 404(b); and Whether there is fundamental error in the trial court's instructions related to accomplice liability. Discussion and Decision Matthews was a friend of Nojir Jeffries ("Jeffries") and often drove Jeffries around because Jeffries had no driver's license. On September 27, 2000, Jeffries was at the Dice House in Marion, Indiana when Michael White ("White") confronted Jeffries and accused him of breaking into White's home. White rammed Jeffries' head through the drywall and threatened him with a gun. Jeffries was able to flee. As he was coming out of the Dice House, Jeffries encountered Lance Cannon ("Cannon"). Jeffries explained he had "got into a fight and needed a gun." (Tr. 635.) Cannon refused to provide Jeffries with a gun. However, later that evening, Matthews came to Cannon's home and purchased a .38 caliber handgun in exchange for $60.00 and two "eight balls" of cocaine. (Tr. 638.) Because Cannon was not a drug dealer, and was hesitant

II.

1

Ind. Code

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