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Michael Owen Proctor v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 22A01-0612-CR-565
Case Date: 10/03/2007
Preview:FOR PUBLICATION

ATTORNEY FOR APPELLANT: J. PATRICK BIGGS Chief Public Defender New Albany, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHAEL OWEN PROCTOR, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 22A01-0612-CR-565

APPEAL FROM THE FLOYD SUPERIOR COURT The Honorable J. Terrence Cody, Judge Cause No. 22D01-0304-FA-242

October 3, 2007 OPINION--FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Michael Proctor appeals following his conviction and sentence for Robbery Resulting in Bodily Injury as a Class B felony, 1 Burglary Resulting in Bodily Injury as a Class A felony, 2 and Criminal Confinement as a Class D felony. 3 Upon appeal, Proctor claims the trial court erred by admitting evidence in violation of his Sixth Amendment right to confrontation pursuant to Crawford v. Washington, 541 U.S. 36 (2004). We affirm. FACTS On April 14, 2003, Pearl Croxall saw a man whom she later identified as Proctor walk up to her back door. After she opened the door and stepped onto the patio to ask what he needed, Proctor grabbed her by the throat, pushed her back into the house, and dragged her through the house while he looked for money. Proctor dragged Croxall into the kitchen, where she gave him her purse. He dragged her into a bedroom where she gave him a jar of money. Proctor subsequently dragged Croxall to the bathroom, pushed her inside, and told her not to come out. Croxall locked the bathroom door and escaped through the bathroom window. Croxall ran to her daughter's house next door, and her daughter called police. Croxall was taken to the hospital with bleeding hands and arms, a black eye, bruises, and chest pains. Upon returning to her house, Croxall observed that a diamond ring, a sapphire and diamond bracelet, a diamond earring, and a dollar bill with great sentimental value had been taken.

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