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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.

ATTORNEY FOR APPELLANT: MARCE GONZALEZ, JR. Dyer, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RYAN D. JOHANNINGSMEIER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

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

Dec 27 2011, 9:31 am

CLERK

No. 45A03-1105-CR-220

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Diane Ross Boswell, Judge Cause No. 45G03-0810-FA-37

December 27, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Ronnie Major ("Major") appeals from his conviction for battery1 as a Class C felony. Major presents the following restated issues for our review: I. Whether the State committed prosecutorial misconduct during Major's trial; and Whether the trial court abused its discretion by allowing medical testimony beyond the doctor's scope of expertise.

II.

We affirm. FACTS AND PROCEDURAL HISTORY On October 5, 2008, Ant-won Fortier ("Fortier") returned to Gary from Indianapolis with Jocelyn Blair ("Blair") and a woman Fortier knew as "Sugar-Booty." When they arrived at Blair's house, Sugar-Booty exited Fortier's vehicle and began to walk toward the house. Fortier, who had been driving, and Blair were still sitting in the vehicle when Major arrived. Major parked his car approximately ten to fifteen feet from Fortier's vehicle. Major, who was Blair's former boyfriend, immediately proceeded to shout obscenities at Blair and punched her while she was seated in Fortier's vehicle. Fortier asked Major to leave because Blair's children had come outside of the house. Major responded with more obscenities and talked about needing his money and his truck. Fortier again asked Major to leave, and Major continued to curse at Fortier. Major approached Fortier with his fist balled and started swinging toward him. Major and Fortier both threw punches and fought. Major ripped Fortier's shirt and tore off his chain and charm. They continued to fight, but eventually separated. Major continued to yell at Fortier,

1

See Ind. Code

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