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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: ELIZABETH A. GABIG Marion County Public Defender Agency Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

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

Dec 27 2010, 9:53 am

IN THE COURT OF APPEALS OF INDIANA
D.R., Appellant-Respondent, vs. STATE OF INDIANA, Appellee-Petitioner. ) ) ) ) ) ) ) ) )

CLERK

No. 49A02-1003-JV-436

APPEAL FROM THE MARION SUPERIOR COURT1 The Honorable Marilyn A. Moores, Judge The Honorable Gary K. Chavers, Magistrate Cause No. 49D09-1001-JD-209

December 27, 2010

This cause originated in Tippecanoe County, where the Honorable Loretta H. Rush presided over the fact-finding hearing. It was subsequently transferred to Marion County for disposition.

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MEMORANDUM DECISION - NOT FOR PUBLICATION BRADFORD, Judge Appellant-Respondent D.R. appeals the juvenile court's adjudicating him to be a delinquent child based upon the offenses of Class B felonies Attempted Robbery2 and Attempted Carjacking3 if committed by an adult. Upon appeal, D.R. contends that there is insufficient evidence to support either adjudication and that his true findings violate Indiana prohibitions against double jeopardy. We affirm in part, reverse in part, and remand with instructions. FACTS AND PROCEDURAL HISTORY In the early morning hours of November 22, 2009, Ernesto Artega, who was driving his vehicle on Interstate 65 near Lafayette, reported being shot at by someone in a Chevrolet Blazer. Authorities apprehended the Blazer and found D.R. in the back seat. Persons identified to be Carlos Coyuchi and Luis Rosas were sitting in the driver's seat and passenger seat, respectively. Authorities found a handgun beneath the front passenger seat. In addition, authorities found a magazine and a loose unfired bullet, which fit into the magazine, in the front passenger seat, and another loose bullet, which also fit into the magazine, in the back seat. D.R. later made statements to authorities. D.R. admitted knowing that Coyuchi and Rosas planned to stop Artega's vehicle and take his money and car. D.R. additionally

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Ind. Code

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