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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: DONALD W. PAGOS Michigan City, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana J. T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

FILED
Sep 10 2010, 9:43 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
DAVID L. HOWARD, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 46A03-0907-CR-299

APPEAL FROM THE LaPORTE SUPERIOR COURT The Honorable Kathleen B. Lang, Judge Cause No. 46D01-0511-MR-148

September 10, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Defendant David L. Howard appeals following his conviction and sixtyfive-year sentence with five years suspended to probation for Murder,1 a felony. Howard contends that the State produced insufficient evidence to support his conviction and challenges the appropriateness of his sentence in light of the nature of the offense and his character. We affirm. FACTS AND PROCEDURAL HISTORY At around 6:30 p.m. on October 31, 2005, Howard called Jeremy Bowers and requested a ride after his vehicle broke down in rural LaPorte County. Bowers borrowed five dollars from his mother for gas and left his residence. At approximately 7:30 p.m., Lisa Howard ("Lisa") heard what sounded like a "firecracker" outside of her home. Tr. p. 63. Moments later, Lisa noticed a vehicle pull into her driveway and observed the

passenger drag a body from the driver's side of the vehicle and leave it on the ground nearby. Continuing to watch, Lisa saw the passenger remove clothing from the body and drop it around the side of the house. After dropping the clothing, the passenger ran back to the vehicle, sat there for a minute or so, and then exited again to drag the body further. Lisa notified police. Minutes later, Officers Shawn Hutchison, Shane Washluske, and Nick Krause of the Michigan City Police Department responded to the crime scene. The officers saw a vehicle in the driveway and a man in front of that vehicle. Officers walked towards the front of the vehicle and discovered a dead body, later identified as Bowers. During initial questioning, the man identified himself as Howard and handed police a red bandana and a
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