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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: BRADLEY A. ROZZI Cass County Public Defender's Office Logansport, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTHUR THADDEUS PERRY Special Deputy Attorney General Indianapolis, Indiana

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

FILED
May 13 2008, 1:31 pm
of the supreme court, court of appeals and tax court

CLERK

No. 09A05-0705-CR-249

APPEAL FROM THE CASS SUPERIOR COURT The Honorable Thomas C. Perrone, Judge Cause No. 09D01-0504-FD-78

May 13, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Eric Alter was convicted after a jury trial of domestic battery, a Class D felony, 1 and invasion of privacy, a Class A misdemeanor. 2 Alter argues: 1) the court improperly denied his request for a mistrial; 2) the court admitted evidence that violated Indiana Evidence Rule 404(b); and 3) the court admitted evidence that violated the Court Order on Discovery and Trial Settings. We affirm. FACTS AND PROCEDURAL HISTORY Karen Alter ("Karen") was previously married to Alter, and they had two children together. The children were ages 8 and 11 at the time of the trial. In early February, 2005, Karen obtained a protective order against Alter. Later that month, Alter refused to return the children to Karen. They were finally returned on March 16, pursuant to a court order. On March 24, Karen arranged with Kelly Alter ("Kelly") 3 for the children to visit Alter for part of Easter weekend. The children were to be returned to Karen on Saturday, March 26, but a pick-up time was not specified. Karen called on Saturday to discuss getting the children. Alter agreed Karen could come and pick up the children. Karen, wary of going to Alter's residence alone, contacted the Sheriff's Department. Deputy Kevin Pruiett followed her to the residence. Karen entered Alter's residence alone. She noticed the children were not present and their bags were empty. An altercation ensued

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Ind. Code

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