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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.

FILED
Dec 30 2011, 9:07 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: PETER D. TODD Elkhart, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
TAIWO K. BAKER, JR., Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A03-1104-CR-164

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable Evan S. Roberts, Judge Cause No. 20D01-1006-FB-11

December 30, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Taiwo K. Baker, Jr., ("Baker") was convicted of Aggravated Battery, as a Class B felony1, and Public Intoxication, as a Class B misdemeanor.2 He now appeals his conviction for Aggravated Battery. We affirm. Issues Baker raises several issues for our review, which we restate as: I. II. III. Whether the trial court abused its discretion when it admitted evidence related to pain and impairment of bodily members or organs; Whether the trial court abused its discretion when it refused Baker's tendered instructions defining certain statutory terms; and Whether the trial court abused its discretion when it permitted testimony from a police officer regarding whether Baker was the initial aggressor where Baker had asserted the affirmative defense of self defense. Facts and Procedural History3 In the early morning hours of June 16, 2010, Baker, his mother, Clyddie Baker ("Clyddie"), and Harvey Wheeler ("Wheeler") were at Wheeler's sister's apartment in Elkhart. Baker and Wheeler had each been drinking at a get-together at the home. Around 3:58 a.m., Wheeler heard an argument coming from an area downstairs from his sister's apartment, and went to see what was happening.

Ind. Code

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