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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: JASON A. CHILDERS Hulse, Lacey, Hardacre, Austin, Sims & Childers Anderson, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

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

FILED
Aug 29 2011, 9:55 am
of the supreme court, court of appeals and tax court

CLERK

No. 48A02-1101-CR-30

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable David A. Happe, Judge Cause No. 48D04-0901-FD-22

August 29, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Following a jury trial, Christopher Huston (Huston) was convicted of Criminal Mischief1 as a class B misdemeanor and Pointing a Firearm2 as a class D felony. The trial court sentenced Huston to eighteen months with nine months suspended and to be served on work release. On appeal, Huston raises three issues, which we restate as: 1. 2. 3. Was the evidence sufficient to sustain his conviction for pointing a firearm? Did the trial court err in denying Huston's motion for mistrial? Is Huston's sentence inappropriate?

We affirm. On November 19, 2008, Huston, accompanied by Logen Rensel, Morgan Stigall, Samantha Huston (Samantha), Kyle Bell, and Jeff Huston (Jeff), decided to confront Trey Messer "because Trey had done something." Transcript at 32

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