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Matthew Easterling v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 71A04-0706-CR-320
Case Date: 11/30/2007
Preview: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: JULIE P. VERHEYE Mishawaka, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MATTHEW EASTERLING, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A04-0706-CR-320

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable John M. Marnocha, Judge Cause No. 71D02-0607-FB-82

November 30, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Matthew Easterling ("Easterling") appeals his convictions for Burglary 1 and Robbery, 2 Class B felonies. We affirm. Issues Easterling presents two issues for review: I. II. Whether there is sufficient evidence to support his convictions; and Whether the trial court erroneously permitted a witness to introduce a hearsay statement into evidence. Facts and Procedural History During the afternoon of July 12, 2006, thirteen-year-old R.C. was home with his brother in their South Bend home. R.C. heard pounding on the back door and went to look out the kitchen window. He saw a man with braided hair wearing a white t-shirt and jeans standing in the alley looking back and forth. R.C. called 9-1-1. R.C. heard the door give way, and he walked into the living room. R.C. saw three men looking through the refrigerator. One of the men pointed a gun at R.C. and ordered him to pull his shirt up over his head and lie down. The men rummaged through some video games, grabbed a Play Station II and ran. R.C. spotted a police car driving by his home. Officer Antonio Pacheco ("Officer Pacheco") responded to a 9-1-1 dispatch of a home invasion in progress. A neighbor directed Officer Pacheco saying, "they're going down the alley." (Tr. 115-16.) Officer Pacheco drove up behind Easterling and two other people

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