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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: KURT A. YOUNG Nashville, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana HENRY A. FLORES, JR. Deputy Attorney General Indianapolis, Indiana

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

May 06 2009, 9:57 am

IN THE COURT OF APPEALS OF INDIANA
RONRICO D. POINDEXTER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 49A02-0810-CR-897

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Patricia J. Gifford, Judge Cause No. 49G04-0803-MR-063331

May 6, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Ronrico D. Poindexter appeals his conviction for Murder, 1 a felony, arguing that the State presented insufficient evidence to rebut his claim of selfdefense. Finding sufficient evidence to sustain the conviction, we affirm. FACTS On March 18, 2008, Karachi Williams and Antonio "Julio" Walker broke into Poindexter's apartment and stole various electronic items, including Poindexter's gaming system and a plasma television.2 The following morning, Poindexter returned home and realized that someone had broken into his residence. He suspected that Williams and Walker had committed the crime but did not report the incident to the police. After assessing the damage, Poindexter "went straight for his gun," "put a magazine in it and put a bullet into the chamber," and placed the gun in the front pocket of his sweatshirt. Tr. p. 67-68. Poindexter and an acquaintance, Colby McKinney, went to look for Williams and Walker. They eventually located Walker, and when Poindexter asked him where he had been the night before, Walker responded that he had been with his son. Thereafter, Poindexter spoke with another friend who had arrived at the scene while McKinney spoke with Walker. After McKinney finished his conversation with Walker, Walker turned to leave. As Walker began to walk away, Poindexter was positioned behind McKinney, who did not observe Walker threaten Poindexter or make any hostile moves toward Poindexter. McKinney heard gunshots from behind him and then saw Poindexter running past him,
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Ind. Code

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