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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.

FILED
Jun 12 2012, 9:13 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: PATRICIA CARESS McMATH Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DONATO LUNA-QUINTERO, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1110-CR-931

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Kurt M. Eisgruber, Judge Cause No. 49G01-1006-MR-050581

June 12, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Donato Luna-Quintero ("Luna-Quintero") appeals his conviction for Murder, a felony,1 presenting the sole issue of whether the evidence is sufficient to support his conviction. We affirm. Facts and Procedural History In June of 2010, Luna-Quintero's girlfriend, Randi Arthur ("Arthur"), hosted a party to celebrate moving into her new apartment in Indianapolis. One of the guests, Octavio Velazquez ("Velazquez"), repeatedly asked Luna-Quintero his name but Luna-Quintero did not respond. This upset Velazquez and his friends, and they began surrounding LunaQuintero and posturing as if they were ready to fight. Luna-Quintero's brother, Gustavo Luna-Quintero ("Gustavo"), exclaimed, "You're not going to mess with my brother," and Velazquez responded, "You're not about to jump my homeboy." (Tr. 103.) Arthur stepped in and made Velazquez and his friends leave. After the party, Mary Johnson ("Johnson"), who was then dating Gustavo, was with the Luna-Quintero brothers on separate occasions when the brothers threatened Velazquez. According to Johnson, when she mentioned Velazquez, Gustavo would threaten to start a fight while Luna-Quintero claimed, "I'm going to shoot your homeboy." (Tr. 106.) During the early morning hours of June 26, 2011, Johnson and a friend were sitting outside Johnson's apartment talking to friends when several people, including Velazquez,

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Ind. Code

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