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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: PAUL D. STANKO Crown Point, Indiana ATTORNEYS FOR APPELLEE: STEPHEN R. CARTER Attorney General of Indiana Indianapolis, Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

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

No. 45A05-0509-CR-552

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Natalie Bokota, Judge Cause No. 45G02-0312-MR-00013

NOVEMBER 30, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION BARTEAU, Senior Judge

STATEMENT OF THE CASE Defendant-Appellant Tremayne Chapman ("Chapman") appeals after a jury convicted him of murder. We affirm. ISSUES Chapman challenges the sentence imposed by the trial court. following issues are presented for our review: I. Whether the trial court violated Chapman's Sixth Amendment rights by imposing a sentence based upon aggravating circumstances not found by a jury; and Whether the trial court abused its discretion when sentencing Chapman. FACTS AND PROCEDURAL HISTORY The facts most favorable to the jury's verdict reveal that on December 9, 2004, Paula Carson ("Paula"), Tadora Merritt, and Thomas Scott returned to Paula's apartment complex in Gary, Indiana. Chapman, Lionel Sims, Mitchell Armstrong, and Andre Paige were gathered on the sidewalk near Paula's apartment. The group, and Lionel's brother, Donielle, all assembled at Paula's apartment to play cards and drink. Paula did not know Paige, but Chapman had convinced Paula to allow Paige to come inside by saying that he knew Paige and would vouch for him. Paula's cousin, Charlotte Murray, who was sixteen-years-old, was also in Paula's apartment babysitting Paula's two young children, and one of Merritt's children. The adults continued to play cards and drink alcohol. Paige indicated that he had a delivery of marijuana coming and that he would sell some to the others. At some point, 2 Restated, the

II.

Chapman became convinced that Paige was a confidential informant, and that the police had sent Paige for Chapman. Chapman became convinced that Paige had to die. Chapman then told Paula that he had lied about knowing Paige. Paula directed all of the adults, except for Merritt and Scott, to leave her apartment. Chapman then said he needed to leave anyway because he had to attend a hearing in drug court in the morning. Chapman, Lionel Sims, and Armstrong followed Paige out the back door of Paula's apartment, where Chapman and the others began beating Paige. Paige fell to the ground. Chapman stomped on Paige's head and chest with his foot, and jumped on Paige's head and chest. Paige did not move, but tried to protect himself as blood came from his mouth and head. Chapman repeatedly yelled profanities about Paige needing to die. Chapman told Paula, Merritt, Scott, Armstrong, and Lionel and Donielle Sims that no one could leave. He declared that they were all complicit and directed Scott to take the group in Scott's van to dispose of Paige's body. Chapman threatened to kill anyone who had witnessed the beating, but failed to assist in the disposal of Paige's body. While the group was in the van, Chapman continued to kick Paige in the head and yell profanities. Chapman shared with the others his theory that Paige was there to set him up. At that time, Paige, who was still alive, made loud snoring noises as he struggled to breathe. Paige's blood covered the interior of the van. Scott pulled the van off the road in a dark, swampy area of Gary. Paige's clothing came off as he was dragged from the van. When the second round of beatings began, Paige was dressed in only a t-shirt and underwear. Chapman renewed his efforts to stomp on Paige's body and shout that Paige had to die. Chapman again threatened the 3

group with their lives if they did not join in the beating. Chapman ordered Armstrong to stab Paige, which he did several times. Paula, Merritt, and Donielle Sims hit Paige with beer bottles. Scott hit Paige with a tree branch. Paige, who was still alive, reached up and grabbed Lionel Sims' pants leg. Chapman told Sims to step back, and then hit Paige in the head with a bottle of Colt 45 Chapman was holding. Chapman flipped Paige over, so that Paige was lying face-down in some nearby standing water. The group then left for Paula's apartment, stopping at a liquor store along the way. Chapman threatened to kill anyone who contacted the police about the crime. Chapman then bragged about how he had killed Paige. Chapman took all of the bloody clothes from the group in order to burn the clothes. Paige sustained twenty-five separate injuries. He had a concussion across both lobes of his brain, eight puncture wounds, chopping wounds and cuts over his scalp and face. He also suffered a broken nose. Three of Paige's teeth were broken down to the bone, one of which he inhaled. Paige died from the injuries to his head and from inhaling his own blood. Paige's body was found on December 11, 2004, by a motorist who thought he saw a mannequin floating in the water. On December 14, 2004, Charlotte Murray's sister contacted the Gary Police Department after Charlotte told her what had happened. On December 21, 2004, Paula and Merritt gave statements to the police. Chapman was arrested on December 24, 2004.

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Chapman's jury trial began on July 18, 2005. Paula, Merritt and Scott testified on behalf of the State at Chapman's trial. On July 22, 2005, the jury found Chapman guilty of murder. Chapman's sentencing hearing was held on August 24, 2005. The trial court sentenced Chapman to the Department of Correction for sixty years. The advisory sentence for murder is fifty-five years. Ind. Code

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