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FOR PUBLICATION
ATTORNEY FOR APPELLANT: MARCE GONZALEZ, JR. Merrillville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MAUREEN ANN BARTOLO Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ELTON L. BURKS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A03-0410-CR-479

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Salvador Vasquez, Judge Cause No. 45G01-0307-FA-21

December 6, 2005

OPINION - FOR PUBLICATION

FRIEDLANDER, Judge

Elton Burks brings a separate appeal of his two convictions for Attempted Murder 1 after a joint jury trial with co-defendant, Victor Wiggins. 2 four issues for our review: 1. Did the trial court abuse its discretion by failing to grant Burks's motion for mistrial based upon testimony that Burks had shot someone in an incident unrelated to the offenses for which he was charged? Were the jury's verdicts as to Wiggins and Burks inconsistent, thereby requiring the trial court to grant Burks's motion for judgments on the evidence as to attempted murder? Was the trial court required to halt further questioning of a witness? Did the sentence imposed by the trial court violate the principles of Blakely v. Washington? As restated, Burks presents

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3. 4.

We affirm. The facts relevant to the appeal disclose that on July 27, 2003, at approximately 6:45 p.m., Markale Bolden was walking between 11th Street and Burr in Gary, Indiana when he saw Burks driving a white Lexus. Burks pointed a .40 caliber Glock handgun at Bolden. Wiggins was sitting in the passenger seat of the Lexus. Bolden overheard Wiggins tell Burks not to shoot Bolden because Bolden had "nothing to do with it" and is a cousin of Wiggins's girlfriend. Transcript at 348. Approximately 45 minutes later, Bolden rode in a car driven by Dupree Jackson to Garrett Smith's grandmother's house in Gary. Smith was outside.

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Ind. Code Ann.

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