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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: THOMAS W. VANES Crown Point, Indiana

FILED
Dec 31 2008, 8:59 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana IAN MCLEAN Deputy Attorney General Indianapolis, Indiana

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

No. 45A03-0804-CR-193

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Salvador Vasquez, Judge Cause No. 45G01-0608-MR-10

December 31, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Luciano D. Yzaguirre appeals his conviction for Murder,1 a felony, claiming that the trial court erred in admitting a videotape and photographs into evidence at trial. Specifically, Yzaguirre argues that the trial court erred in admitting this evidence because the State failed to lay a proper foundation establishing the accuracy and authenticity of those items. Finding no error, we affirm the judgment of the trial court. FACTS On July 23, 2006, Martha Rodriguez went to the home of her brother-in-law, Ruben Rodriguez, in Lake Station. Martha was concerned about Ruben because she had neither seen nor heard from him since July 3. After receiving no response from her knock on the door, her daughter, Thirza, who had previously lived with Ruben, used her key and opened the front door. Upon entering the apartment, Martha and Thirza noticed that there were cigarette butts in an ashtray. The women thought this odd because Ruben did not smoke and did not allow anyone else to smoke in his residence. Martha and Thirza also observed a dish of rotten food on the stove. Martha opened a bedroom door and saw Ruben's cane lying on the floor. She noticed that the sheets and covers had been removed from Ruben's bed and the dresser drawers were open. Martha also noticed that two flat screen televisions and Ruben's two Cadillac automobiles were missing.

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Ind. Code

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