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FOR PUBLICATION
ATTORNEY FOR APPELLANT: MARK A. BATES Lake County Public Defender Crown Point, 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

Nov 30 2009, 9:45 am

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

CLERK

No. 45A03-0812-CR-606

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Diane Ross Boswell, Judge Cause No. 45G03-0705-FC-55

November 30, 2009 OPINION - FOR PUBLICATION

MAY, Judge

Stefen Rice appeals his conviction of reckless homicide, a Class C felony. 1 Rice raises four issues: (1) whether the trial court abused its discretion by instructing alternate jurors that they could participate in discussions; (2) whether the trial court abused its discretion by admitting two photographs from the autopsy; (3) whether the trial court abused its discretion by excluding a portion of the evidence technicians testimony; and (4) whether the evidence was sufficient to support Rices conviction. We affirm. FACTS AND PROCEDURAL HISTORY On the evening of December 29, 2006, four teenagers, S.B., D.B., A.J., and S.R., went to a club that has a separate section for people who are underage. Afterwards, they went to S.R.s house. S.R. asked Rice, his brother, to find someone to give S.B. and D.B. a ride home. Rice went to Deion Campbells house, and Campbell agreed to take all of them to McDonalds and take S.B. and D.B. home. Rice sat in the front passenger seat, and S.R. sat behind him. Next to S.R. was S.B., then D.B., then A.J. Campbell drove to McDonalds, and they went through the drive through. Campbell handed the food to Rice, who in turn passed out the food to the people in the back seat. As he was handing out the food, Rice noticed a gun stuck in the seat between him and Campbell. Rice grabbed the gun, it discharged, and the bullet struck S.B. Campbell drove S.B. to the hospital, where it was discovered that the bullet had perforated S.B.s pulmonary artery. S.B.s chest was opened surgically so the physician

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Ind. Code

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