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FOR PUBLICATION
ATTORNEY FOR APPELLANT: DAVID PARDO Marion County Public Defender Agency Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Aug 10 2009, 9:27 am

IN THE COURT OF APPEALS OF INDIANA

CLERK

EMMANUEL McCLENDON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff.

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No. 49A02-0811-CR-999

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert Altice, Judge Cause No. 49G02-0802-MR-36016

August 10, 2009 OPINION - FOR PUBLICATION

MAY, Judge

Emmanuel McClendon appeals his conviction of and sentence for murder. 1 We hold there was no error in the admission of evidence, the evidence was sufficient, the bailiffs communication with the prosecutors was harmless, and his sentence is appropriate. Therefore, we affirm. FACTS AND PROCEDURAL HISTORY McClendon was charged with the murder of eight-year-old K.H. K.H.s parents are Christopher and Laura H., who were separated at the time of K.H.s death. Christopher was residing in his grandmothers house on White Avenue in Indianapolis. On the evening of February 8, 2008, Laura brought eight-year-old K.H. and six-year-old A.H. to the house on White Avenue to spend the night with Christopher. K.H. and A.H. got out of Lauras car, which was parked on the street, and started playing in Christophers truck, which was parked in the driveway. Laura remained in the car, and Christopher tried to persuade her to stay the night. While they were talking, McClendon drove past them. White Avenue is a oneblock residential street running between Burdsal Parkway on the north and 23rd Street on the south, and therefore would not generally be a convenient route to take. McClendon lived nearby on 23rd Street, and Christopher had known McClendon since they were young. They had been friends, but they had a falling out and were not in contact with each other. It was unusual for McClendon to be on White Avenue, and Christopher commented on it to Laura. Christopher said he put his hand on his waist when

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Ind. Code

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