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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: MARK A. BATES Office of the Public Defender Crown Point, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
SAMUEL A. MOORE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A03-0604-CR-165

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Clarence D. Murray, Judge Cause No. 45G02-0502-FA-8

December 20, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Samuel A. Moore ("Moore") appeals his convictions and sentence for three counts of Criminal Recklessness, two counts as Class D felonies and one count as a Class A misdemeanor, 1 and one count each of Resisting Law Enforcement, 2 Neglect of a Dependant 3 and Auto Theft, 4 Class D felonies. We affirm. Issues Moore presents two issues for review: I. Whether the replacement of a juror with an alternate during the trial was fundamental error; and Whether the trial court properly sentenced Moore to eight years imprisonment. Facts and Procedural History During February of 2005, Moore and his wife Andrea Moore ("Andrea") were estranged and Andrea had obtained a protective order against Moore. Andrea was

II.

temporarily staying with her friend, Joyce Drew ("Drew") at an apartment complex in Gary, Indiana. On the morning of February 25, 2005, Moore appeared at the apartment, demanding that Andrea come outside. When Andrea refused to do so, Moore dropped off his and Andrea's two children on the doorstep. The children were without coats, adequate clothing, dry diapers or food.

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