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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: BRYAN E. BARRETT ATTORNEYS FOR APPELLEE: STEVE CARTER

Shelbyville, Indiana

Attorney General of Indiana GEORGE P. SHERMAN
Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
WILLIAM D. SMITH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 73A04-0605-CR-276

APPEAL FROM THE SHELBY CIRCUIT COURT The Honorable Charles D. O'Connor, Judge Cause No. 73C01-0410-FB-014

December 21, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Judge

Appellant-defendant William D. Smith appeals his convictions for Aggravated Battery, 1 a class B felony, and Auto Theft, 2 a class D felony. Specifically, Smith argues that the evidence was insufficient to support his convictions and that the trial court erred in denying his motion for a mistrial because the prosecutor committed misconduct during closing argument. Finding no error, we affirm the judgment of the trial court. FACTS In September 2004, Andrew Boucher was living with Bud Wells and Gale Hood at an apartment in Shelbyville. While Smith was at the apartment on September 24, 2004, he walked into a bedroom where several others were seated. At some point, Smith accused Boucher of stealing money from him. Boucher then overhead Smith tell one of the other individuals in the room that he was going to leave for a while and that if Boucher was still at the apartment when he returned, Smith would "mess him up." Tr. p. 22-23. Smith also told Wells that he was "pi**ed off" at Boucher and "wanted to beat the s**t out of him because he owed him money," and that he was going to "f**k [him] up." Id. at 25-26, 238. Thereafter, Boucher told Smith that he would repay Smith the money he owed him, but Boucher denied taking any money from Smith that evening. Smith picked up a bar stool and held it over Boucher's head. The next thing Boucher remembered was that he was bleeding from the head. Following the incident, Smith went to Amy Smith's (Amy) apartment where Wells was also present. The two noticed that Smith had "blood all over his hands," and Smith
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