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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.

FILED
May 06 2009, 9:58 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: GREGORY BOWES Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0807-CR-603

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert Altice, Judge Cause No. 49G02-0803-FD-064571

May 6, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary After the jury trial of Leonard Reed, the trial court entered judgment of conviction for Class A misdemeanor battery, Class B felony criminal confinement, and Class C felony battery. On appeal, Reed argues that the trial court erroneously allowed the State to ask the victim questions on redirect examination that exceeded the scope of crossexamination and that two of the trial court`s preliminary jury instructions were erroneous. Concluding that the State`s questions were within the proper scope of redirect to clarify questions asked by defense counsel on cross-examination and that both challenged preliminary jury instructions are correct statements of law, we affirm. Facts and Procedural History On March 22, 2008, Reed`s birthday, Reed picked up his girlfriend P.S. from her niece`s home, where P.S. had been for the previous two days due to a death in her family. When Reed picked up P.S., he informed her that they would be attending a barbecue with his family to celebrate his birthday. At the barbecue, Reed did not eat anything but did drink gin and beer throughout the evening. An hour or two before midnight, Reed, then intoxicated, drove home with P.S.. After the pair arrived at their Marion County home, Reed accused P.S. of being with another man while she was visiting her niece. He told her that he should have came over there and killed both of [them]. Tr. p. 72. Reed then left to purchase more alcohol. Reed returned with more gin and beer, and the argument resumed. At this point, Reed was sitting at a table and began manipulating a handgun. He again threatened P.S., who decided to leave. P.S. tried to reach for her shoes, but Reed grabbed the shoes from 2

her and threw them away. He then pushed P.S. and struck her face with the gun. P.S. fell onto a bed that was in the room, and Reed climbed on top of her and straddled her chest, pinning her down. P.S. tried to escape by swinging her arms, but she was unable to free herself. Reed then pressed the handgun against her forehead hard enough to leave a red mark in the shape of the gun barrel. Reed continued to hold the gun to P.S.`s head and strike her. Reed told P.S. that he would kill her, and he then pulled the trigger on the gun. Although P.S. heard a click, the gun did not fire. She then freed herself, grabbed a pot of hot water, and threw it at Reed. P.S. fled from the apartment and called 911 from a nearby gas station. P.S. was taken to a hospital for treatment, and Officer Jason Stump of the Indianapolis Metropolitan Police Department arrived at the home and found Reed there. After Officer Stump entered the home, he found a handgun on the bed and discovered that the weapon had bullets in the magazine but not in the chamber. Reed, initially cooperative, became angry. Reed did not appear intoxicated to Officer Stump, but Officer Stump wasn`t looking for his intoxication. Id. at 164. The State charged Reed with criminal recklessness as a Class D felony, 1 pointing a firearm as a Class D felony,2 domestic battery as a Class A misdemeanor,3 and battery as a Class A misdemeanor.4 The State later amended the information to add criminal

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Ind. Code

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