Preview:

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: JEFFREY SCHLESINGER Appellate Public Defender Crown Point, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

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

No. 45A03-0603-CR-114

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Thomas P. Stefaniak, Jr., Judge Cause No. 45G04-0501-FA-02

December 29, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Jeffrey Harris ("Harris") appeals his conviction of and sentence for Attempted Murder, a Class A felony. 1 We affirm. Issues Harris raises two issues on appeal, which we restate as follows: 1) Whether the trial court abused its discretion in admitting a police officer's statement that the defendant was arrested after investigating officers concluded he was the shooter; and 2) Whether the trial court abused its discretion in finding no mitigating circumstances at sentencing. Facts and Procedural History On January 14, 2005, Walter Rondo ("Rondo") and Jamar Martin ("Martin") drove to the residence of Harris and Lisa Palacio ("Palacio"). While accounts of the incident differ, Harris and the State agree that Harris shot Martin three times--twice in the posterior portion of the left shoulder and once in the left hand. Bleeding, Martin left the residence, placed himself under a car, called the police, and waited for their arrival. He survived, despite suffering a punctured lung. The State filed an Information, charging Harris with Attempted Murder, a Class A felony, Unlawful Possession of a Firearm by a Serious Violent Felon, a Class B felony, 2 and

1

Ind. Code

Download Jeffrey Harris v. State of Indiana.pdf

Indiana Law