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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: CHARLES W. LAHEY South Bend, 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
KEVIN MARTIN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A03-0707-CR-323

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable Jerome Freese, Judge Cause No. 71D03-0607-MR-12

December 31, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Kevin Martin appeals his conviction of and sentence for murder.1 We affirm. FACTS AND PROCEDURAL HISTORY Martin lived with his girlfriend, Pearlie Dickerson, and her children in Dickerson's apartment. The apartment had two bedrooms. Martin and Dickerson shared one

bedroom, and the children shared the other bedroom. On the morning of July 19, 2006, four of the children, J.D. (age sixteen), L.J. (age thirteen), A.D. (age twelve), and E.D. (age seven), were at home. Martin went into the children's bedroom to ask J.D. for a phone number. Martin became angry when J.D. said she did not know the number. Dickerson intervened in the argument. She told J.D. to go take a shower and told A.D. to close the door to the children's room. While J.D. was in the shower, she could hear Martin and Dickerson yelling. The three other children also heard them yelling. After J.D. returned to her bedroom, the children heard three gunshots. They ran into the hallway, where they saw Dickerson knocking on the neighbor's door and asking for help. Three of the children saw Martin run away. E.D. did not see Martin, but he heard someone running down the stairs. Gerald Cotton lived in the apartment next door. His goddaughter Siobhan

McFadden was visiting him that morning. They heard the gunshots, and a few seconds later, they heard Dickerson knocking on Cotton's door. When McFadden opened the door, Dickerson said, "help me," and collapsed. (Tr. at 461.) McFadden also saw Martin

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