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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: BRIAN J. MAY South Bend, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MARJORIE LAWYER-SMITH Deputy Attorney General Indianapolis, Indiana

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

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

Feb 25 2011, 9:08 am

CLERK

No. 71A03-1006-CR-392

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable J. Jerome Frese, Judge Cause No. 71D03-0902-MR-8

February 25, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Sayburt Huff1 was convicted following a jury trial of voluntary manslaughter2 as a Class A felony. He appeals contending that the evidence presented was insufficient to support his conviction. We affirm.3 FACT AND PROCEDURAL HISTORY On February 5, 2009, Audrey Anderson (Audrey) was in her one-bedroom apartment with her son, Gabriel, and her boyfriend, Fredrick Hart, looking at a photo album. Tr. at 353, 506. Huff, a friend of Audrey's, knocked on the door, and Audrey told him to come in. Soon thereafter, Huff and Hart began arguing over an incident that had happened between the two men a few days earlier. A fistfight erupted, and as Huff was leaving the apartment, Hart picked up a small knife from the kitchen counter, pointed it at Huff, and told him not to come back. Audrey telephoned her daughter, Toccara Anderson Bigsbee (Toccara), to tell her about the fight. The conversation prompted Toccara and her husband, Eugene

Bigsbee (Bigsbee), to go to Audrey's, where they saw Huff pacing outside the apartment building. As Toccara parked across the street from Audrey's apartment, Huff approached her car and seemed all hyped up as he told her about the fight. Tr. at 560. Toccara and Bigsbee went into the apartment. A few minutes later, Hart left the
The record before us spells the first name of defendant as both Saybert and Sayburt. Because the defendant's name is listed as Sayburt on both the information and the guilty verdict, we use that spelling.
1 2

See Ind. Code

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