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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.

FILED
Jul 28 2011, 8:30 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JOSHUA E. LEICHT Kokomo, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

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

No. 34A05-1009-CR-582

APPEAL FROM THE HOWARD SUPERIOR COURT The Honorable William C. Menges, Judge Cause No. 34D01-0911-MR-1000

July 28, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Following a jury trial, Michael L. Yates was convicted of Aiding, Inducing, or Causing Murder,1 a felony, and two counts of Aiding, Inducing or Causing Attempted Murder,2 class A felonies. The trial court sentenced Yates to a total aggregate sentence of one hundred sixty-five years. On appeal, Yates presents five issues for our review: 1. 2. Did the trial court err in denying Yates's motion for a continuance? Did the trial court err in the manner in which the jury viewed the vehicle involved in the crime? Did the State commit prosecutorial misconduct? Did the trial court err in admitting statements made by Yates during a suppression hearing? Is the sentence imposed inappropriate?

3. 4.

5.

We affirm. On April 4, 2008, Yates (a/k/a "Fool" or "Foolish") and Launden "L-Stone" Luckett attempted to rob Keith "Evil" Taylor at Taylor's apartment in the Gateway Gardens housing complex in Kokomo.3 Later that night, Yates, Luckett, Jesse "Baby Stone" Harris, and Yates's girlfriend, Shateeka Allen, were at Little Daddy's strip club in Kokomo. Yates was armed with a "long silver" .22 caliber handgun, Luckett was armed with a .45 caliber handgun, and Harris was armed with a .40 caliber handgun. Transcript at 1018.

Ind. Code Ann.

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