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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: LISA M. JOHNSON Special Assistant Marion County Public Defender Agency Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0704-CR-307

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Tanya Walton-Pratt, Judge Cause No. 49G01-0505-MR-078281

October 31, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Jeffrey Rodriguez appeals his convictions for Voluntary Manslaughter, 1 a class A felony, Battery, 2 a class C felony, and Criminal Recklessness, 3 a class C felony. Specifically, Rodriguez claims that the trial court erred in rejecting his selfdefense claim, that his right to a fair trial was violated because he wore jail clothing at his bench trial, that the evidence was insufficient to support his conviction for voluntary manslaughter, and that the trial court improperly identified Rodriguez's criminal history as an aggravating circumstance. Finding no error, we affirm the judgment of the trial court. FACTS At approximately 10:00 p.m. on May 6, 2005, Hassan Echols, Jeff Lilly, and Jeff's brother, Josh, were walking near an Indianapolis South State Street neighborhood when a group of "dudes" approached them. Tr. p. 33, 54, 57, 59, 136-37. Echols believed that Rodriguez was among the members of the group. At some point, one of the individuals in the group asked Echols and the Lilly brothers if they knew Elliot Johnson. A fight erupted and Jeff Lilly was hit in the back of the head with a handgun, which caused some bleeding. The next day, a vehicle that was occupied by Johnson, Jeff Lilly, and others, went to Rodriguez's residence and someone from the vehicle fired a weapon at the house. Approximately thirty minutes later, Robert McAnalley and Arthur Kelso walked toward the nearby Village Pantry and passed a residence on South State Street. A group of at least ten

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