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Lamar D. Allen v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 82A04-0704-CR-201
Case Date: 11/09/2007
Preview:FOR PUBLICATION
ATTORNEY FOR APPELLANT: JEFF SHOULDERS Evansville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LAMAR D. ALLEN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 82A04-0704-CR-201

APPEAL FROM THE VANDERBURGH SUPERIOR COURT The Honorable Robert J. Pigman, Judge Cause No. 82D02-0604-FA-293

November 9, 2007 OPINION - FOR PUBLICATION BRADFORD, Judge

After a jury trial, Lamar D. Allen was convicted of Class C felony Battery, 1 four counts of Class B felony Criminal Confinement, 2 Class B felony Carjacking, 3 and Class A misdemeanor Battery, 4 and subsequently sentenced to an aggregate sentence of sixteen years of incarceration. Allen contends that the State produced insufficient evidence to sustain his convictions for carjacking and one count of criminal confinement, the trial court abused its discretion in allowing three witnesses to testify, and the trial court abused its discretion in sentencing him. We affirm. FACTS A short time before 1:00 p.m. on April 8, 2006, Allen was driving with his thengirlfriend Brandi Vaughn in Evansville. The pair saw a group "standing in [a] yard" and Allen, after asking Vaughn if she "used to talk to [one of the group] or whatever[,]" became angry. Tr. p. 21. At some point, Allen drew and pointed a handgun at Vaughn, hit her in the lip, and took her rings and threw them out of the window. Eventually, the pair arrived at Allen's aunt's home, where Allen struck Vaughn once more, knocking her to the ground. After Allen retrieved a shotgun from his aunt's home and placed it in the back seat, he drove for a while longer, stopping in front of a daycare center. While

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