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FOR PUBLICATION
ATTORNEYS FOR APPELLANT: RANDALL V. SORRELL DONALD E. HAMILTON O'Neal & Sorrell Fortville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MAUREEN ANN BARTOLO KELLY A. MIKLOS Deputy Attorney General Indianapolis, Indiana

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

No. 30A01-0406-CR-241

APPEAL FROM THE HANCOCK SUPERIOR COURT The Honorable Terry K. Snow, Judge Cause No. 30C01-0408-FB-96, Transferred from Cause No. 30D01-0308-FB-96

September 29, 2005

OPINION - FOR PUBLICATION

CRONE, Judge

Case Summary Mevester Lyles appeals his convictions and sentences for class B felony robbery, 1 class B felony burglary, 2 class B felony criminal confinement, 3 as well as his habitual offender 4 finding and sentence. We affirm and remand with instructions. Issues Lyles raises ten issues, which we consolidate and restate as follows: I. Whether the trial court abused its discretion by admitting evidence seized from Lyles' car during an inventory search; Whether the trial court abused its discretion by admitting evidence of the victim's identification pursuant to a show-up procedure; Whether the trial court abused its discretion by denying Lyles' motion for mistrial predicated upon alleged prosecutorial misconduct; Whether the trial court abused its discretion by permitting the State to elicit testimony through cross-examination of Lyles' witnesses and the State's rebuttal witness; Whether the trial court abused its discretion by failing to instruct the jury on the definition of "prior unrelated felony" and the State's burden of proof during the habitual offender phase of the trial; Whether the trial court abused its discretion in failing to find mitigating factors and weighing the aggravating and mitigating factors; and Whether Lyles waived other claims.

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Ind. Code

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