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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: ROBERT W. HAMMERLE Hammerle Law Firm Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

FILED
Dec 07 2010, 10:13 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
CHRISTOPHER EDWARDS, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 27A02-1002-CR-138

APPEAL FROM THE GRANT SUPERIOR COURT The Honorable Jeffrey D. Todd, Judge Cause No. 27D01-0802-FB-12

December 7, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Defendant Christopher Edwards appeals from his convictions of Class B felony Causing Death While Operating a Motor Vehicle with an Alcohol Concentration Equivalent Greater than 0.081 and Class B felony Causing Death While Operating a Motor Vehicle with Cocaine in the Blood.2 Edwards contends that the trial court erred in admitting statements tending to incriminate him made by the victim prior to her death and that the State failed to produce sufficient evidence to sustain his convictions. We affirm. FACTS AND PROCEDURAL HISTORY Early in the morning of April 8, 2006, William Crawl was driving to work on Grant County Road 600E when he saw Edwards on the side of the road. Crawl followed Edwards to a vehicle in a nearby field, where Crawl saw Edna Hoskins lying face-down on the ground approximately fifteen to twenty feet from the vehicle. When Crawl said that he would call for help from a nearby house, Hoskins said, "theres not time. I need help[.]" Tr. p. 78. Crawl placed Hoskins in the reclined front seat of his car and drove her and Edwards to the Marion General Hospital emergency room. Upon arrival at the hospital, among those who attended to Hoskins and Edwards were paramedic Adam Newman and registered nurse Doug Hangbers. When Newman asked Edwards what had happened, Edwards responded, "I swerved to miss a deer[.]" Tr. p. 113. When Newman asked Edwards if he indeed was driving and what kind of vehicle he was driving, Edwards responded, "I was driving a truck[.]" Tr. p. 113. According to Newman, Edwards was awake and alert, was able to respond appropriately

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