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FOR PUBLICATION
ATTORNEY FOR APPELLANT: ALAN K. WILSON Public Defender Muncie, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

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

No. 18A04-0411-CR-611

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable Richard A. Dailey, Judge Cause No. 18C02-0312-FA-16

August 19, 2005 OPINION - FOR PUBLICATION

MAY, Judge

Zachary Gillespie appeals his convictions of aggravated battery, a Class B felony, 1 and criminal recklessness resulting in bodily injury, a Class C felony. 2 He raises two issues, one of which we find dispositive: Whether the trial court erred in allowing evidence of Gillespie's prior bad acts pursuant to Ind. Evidence Rule 404(b). We reverse. FACTS AND PROCEDURAL HISTORY On December 23, 2003, Troy Littell was at his home with Casey Charnley, Nate Collins and Lesley Wright. Gillespie arrived at about 9:00 p.m., then left to see his girlfriend, Jordan Writtenhouse. Gillespie returned about an hour and a half later, drunk and angry. Aaron Meckem, who roomed with Littell, came home shortly thereafter. Meckem and Gillespie argued and pushed each other, and Littell ordered them out of the house. Gillespie and Meckem got into Gillespie's car. Littell followed them to the car and tried to hit Gillespie twice. While in Gillespie's car, Meckem accused Gillespie of breaking into his house and stealing some property. An argument ensued, and Meckem "head butted" Gillespie. (Tr. at 588.) Gillespie threw a punch at Meckem as Meckem got out of the car. Gillespie drove home.

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