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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
Jul 06 2011, 8:48 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: TIMOTHY J. O'CONNOR OConnor & Auersch Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana J.T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JAMES W. OLDHAM, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1009-CR-974

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Kurt M. Eisgruber, Judge Cause No. 49G01-1002-FB-8121

July 6, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE James W. Oldham appeals his convictions for two counts of class B felony robbery1 and two counts of class B felony criminal confinement.2 We affirm. ISSUES 1. Whether the trial court abused its discretion in denying Oldhams motion for mistrial and request for an admonishment. 2. evidence. Whether the trial court abused its discretion in admitting

FACTS On the morning of January 18, 2010, Russell Boeldt arrived at the Indianapolis restaurant where he worked as an assistant manager and began getting the restaurant ready to open. As he began his routine, someone rang the door bell at the restaurants main entrance, which was locked. Oldham was at the door and claimed that he had left his credit card in the restaurant. When Boeldt refused to let him in the restaurant, Oldham got "his foot in the door and kind of pushe[d] his way in . . . ." (Tr. 90). Oldham then pointed a handgun at Boeldt and walked him into the kitchen. Oldham ordered Boeldt to lie down. After Boeldt did as ordered, Oldham tied Boeldts hands behind his back and tied his feet together with rope that he had brought with him.

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Ind. Code

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