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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. ATTORNEYS FOR APPELLANT: JAMES D. CRUM ERIN M. MALOY Coots, Henke & Wheeler, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MARA MCCABE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JUAN J. VASQUEZ, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 29A02-0512-CR-1153

APPEAL FROM THE HAMILTON CIRCUIT COURT The Honorable Judith S. Proffitt, Judge Cause No. 29C01-0502-FB-27

October 11, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Juan J. Vasquez (Vasquez) appeals his convictions of burglary, as a class B felony; residential entry, as a class D felony; and attempted theft, as a class D felony, after a jury trial. 1 We affirm. ISSUE Whether the trial court abused its discretion when it excluded the testimony of defense witness Rodrigo Alberto Perez (Perez). FACTS On February 9, 2005, Juan Cortez gave a party at his residence. Juan Cardoza, Vasquez, and Jonathan Orellana and others attended the party. Cortez's truck and left the party with Vasquez and Orellana. At approximately 3 a.m. on the morning of February 10, 2005, Rafael Aguilera was awakened by noise coming from his basement. He got out of bed to investigate and saw three individuals, one with very bushy hair, go to his detached garage and return toward the residence with a pair of bolt cutters. Aguilera phoned Noblesville police and reported that his residence was being broken into. Officer Michael Friebel arrived and met Aguilera outside of his residence. Aguilera led Officer Friebel to the basement where he had heard noises. As Aguilera entered the basement, he was grabbed by a person, later identified as Cardoza, who placed a gun to Aguilera's head. Aguilera and Officer Friebel were able to get the gun from Cardoza. Once Cardoza was secured, Officer Friebel called dispatch to advise that other suspects may still be in or around the
1

Cardoza borrowed

The trial court merged all of the convictions into the burglary conviction.

2

residence. A back-up officer arrived and saw two men near the residence; when he activated his lights, the two males ran into the woods. Officer Stanley assisted with K-9 units and tracked the males through the woods but lost them at the edge of the river. After his arrest, Cardoza identified Orellana and Vasquez as his accomplices in breaking into Aguilera's residence. Aguilera later realized that one of the suspects was Orellana, who he recognized by his unusual bushy hair. Orellana had lived in the basement of Aguilera's residence and worked for Aguilera's roofing business but quit a few weeks prior to the break in. The jury trial took place on September 19th

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