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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 22 2009, 9:44 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JAMES R. REED Morocco, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

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

No. 45A03-0811-CR-561

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Thomas P. Stefaniak, Jr., Judge The Honorable Natalie Bokota, Magistrate Cause No. 45G04-0712-FB-112

July 22, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Robert L. Murray ("Murray") appeals his convictions and sentence for Robbery, as a Class B felony,1 Confinement, as a Class B felony,2 and Battery, as a Class C felony.3 We affirm. Issues Murray raises three issues, which we restate as: I. Whether the State's cross-examination of a witness constituted prosecutorial misconduct; Whether Murray's convictions of Robbery and Confinement violated the double jeopardy clause in Article 1, Section 14 of the Indiana Constitution; and Whether his sentence is inappropriate. Facts and Procedural History Murray was age thirty. He had three teenage cousins, E.H., J.M., and D.H., who resided with their mother in Hammond (the "house"). On December 21, 2007, Murray was at the house to fix a wall in the basement. That afternoon, J.M. arrived with two males, G.D. and someone known as Joe or "Dollar." At some point, Murray and his three cousins were in the basement with G.D., Dollar and a friend of D.H. As the seven talked, someone suggested that they "go for fast money." Transcript at 270. After some

II.

III.

discussion and preparation, Murray, E.H., J.M., G.D., and Dollar (the "five males") put

1 2

Ind. Code

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