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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: PHILIP R. SKODINSKI South Bend, Indiana

FILED
Dec 27 2010, 9:16 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MARTEL JOHNSON, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A03-1003-CR-169

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable R.W. Chamblee, Jr., Judge Cause No. 71D08-0903-MR-11

December 27, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Defendant Martel Johnson appeals from his Felony Murder1 conviction. Specifically, Johnson contends that the trial court abused its discretion in admitting certain evidence at trial and that the evidence is insufficient to sustain his felony murder conviction. We affirm. FACTS AND PROCEDURAL HISTORY On March 14, 2009, Johnson, Aaron Johnson, and a man named Jermaine drove to Andrew Griffins apartment complex armed with at least one handgun. Upon arriving at the apartment complex, the men visited with Johnsons cousin, who lived in an upstairs apartment. The men asked Johnsons cousin if he wanted "to make some money." Tr. p. 325. Johnsons cousin declined and told the men that he was tired and planned to take a nap. As they were leaving, the man named Jermaine told Johnsons cousin, "[W]ell, if you hear something just keep laying down [on your bed] then." Tr. p. 326. Moments later, Johnsons cousin heard three gunshots. Griffin was found dead in his apartment later that day with gunshot wounds to the back of the head. On March 18, 2009, Johnson was charged with murder, Class B felony robbery, and felony murder. Johnson subsequently admitted that he had knocked on Griffins door and entered Griffins apartment after leaving his cousins apartment on March 14, 2009, but claimed that he did not kill Griffin. Following a jury trial, Johnson was convicted of Class B felony robbery and felony murder. On February 26, 2010, the trial court imposed a fifty-five-

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Ind. Code

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