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FOR PUBLICATION

ATTORNEY FOR APPELLANT: BRIDGETTE F. GREENE Elkhart, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

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

No. 20A04-0508-CR-452

APPEAL FROM THE ELKHART CIRCUIT COURT The Honorable Terry Shewmaker, Judge Cause No. 20C01-0406-MR-75

November 22, 2005

OPINION - FOR PUBLICATION BAKER, Judge

Appellant-defendant Rodolfo Alexander appeals his conviction for Murder,1 a felony. Specifically, Alexander argues that the evidence was insufficient to support the conviction because the State failed to establish that he aided or assisted in the commission of the offense. Alexander also asserts that his sentence must be set aside because the trial court considered improper aggravating circumstances and did not accurately balance the aggravating and mitigating circumstances. Finding no error, we affirm the judgment of the trial court. FACTS The facts most favorable to the judgment are that during the evening of August 13, 2003, Alexander and some others were in an Elkhart city park playing basketball. At some point, one of the men in the group--Edward Brena--noticed that Ignacio Bahena was carrying a gun that Brena had previously given to Alexander. When Brena asked about the gun, Alexander responded that Bahena needed it for protection. While at the park, Bahena told the group that he was angry with Jesus Gonzalez and that he was going to shoot him as an act of revenge. Some of the individuals in the group eventually entered a Chevy Tahoe that Alexander was driving. Bahena was in the front passenger seat. Another group left the park in a green pickup truck that was driven by Sergio Oviedo. At some point, Bahena noticed Gonzalez drive by in a red Mustang. Bahena then stated that he wanted to fight Gonzalez. As a result, Bahena signaled Oviedo to position his truck in front of the red Mustang. Once the Mustang

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Ind. Code

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