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ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

RUTH JOHNSON    STEVE CARTER  
Indianapolis, Indiana Attorney General of Indiana  

   ANN L. GOODWIN
Deputy Attorney General
Indianapolis, Indiana


IN THE
COURT OF APPEALS OF INDIANA



LONNIE WASHINGTON, )
)
Appellant-Defendant, )
)
vs. ) No. 49A05-0605-CR-238
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )


APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Grant Hawkins, Judge
Cause No. 49G05-0508-MR-140718


December 20, 2006

MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

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.





Case Summary
Lonnie Washington appeals his convictions for felony murder, Class A felony robbery, and Class B felony criminal confinement.  We affirm in part, reverse in part, and remand.
Issues
Washington raises three issues, which we reorder and restate as:
I. whether there is sufficient evidence to support the felony murder conviction;  

II. whether the trial court properly denied his motion for mistrial; and

III. whether his convictions for felony murder and robbery violate double jeopardy.

Facts
In the late morning of July 4, 2005, Lewis Beverly and his friend, Jennifer Miller, were at Beverly

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Indiana Law