Legal Prep Course
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
Jul 29 2008, 10:08 am
CLERK
of the supreme court, court of appeals and tax court
ATTORNEY FOR APPELLANT:
ATTORNEYS FOR APPELLEE:
KENNETH R. MARTIN
Goshen, Indiana
STEVE CARTER
Attorney General of Indiana
ARTHUR THADDEUS PERRY
Special Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
JERRY WHITE,
Appellant-Defendant,
vs.
STATE OF INDIANA,
Appellee-Plaintiff.
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No. 20A03-0803-CR-115
APPEAL FROM ELKHART CIRCUIT COURT
The Honorable Terry C. Shewmaker, Judge
Cause No.20C01-0701-FA-1
July 29, 2008
MEMORANDUM DECISION - NOT FOR PUBLICATION
ROBB, Judge
Case Summary and Issues
Following a jury trial, Jerry White was found guilty of attempted murder, a Class
A felony; and eight counts of confinement, four as Class B felonies, two as Class C felonies, and two as Class D felonies. The trial court sentenced White to an aggregate sentence of eighty years. White raises the issues of whether sufficient evidence supports his conviction of attempted murder and two of his convictions of confinement as Class B felonies and whether his sentence is inappropriate. Concluding that sufficient evidence exists to support his convictions and that his sentence is not inappropriate, we affirm.
Facts and Procedural History
On the night of January 19, 2007, Kimberly Walker and her sister, Pamela Walker, returned to Kimberly’s residence. Kimberly was with her four children, Ja.W., Ju.W.,
Ky.W., and Ka.W.; and Pamela was with her two children, N.T., and J.J., and her boyfriend, Lathie Turnage. Unbeknownst to anyone in the group, White, the father of
Kimberly’s children, was in the house. White used to live in the residence
FILED
Jul 29 2008, 10:08 am
CLERK
of the supreme court, court of appeals and tax court
ATTORNEY FOR APPELLANT:
ATTORNEYS FOR APPELLEE:
KENNETH R. MARTIN
Goshen, Indiana
STEVE CARTER
Attorney General of Indiana
ARTHUR THADDEUS PERRY
Special Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
JERRY WHITE,
Appellant-Defendant,
vs.
STATE OF INDIANA,
Appellee-Plaintiff.
)
)
)
)
)
)
)
)
)
No. 20A03-0803-CR-115
APPEAL FROM ELKHART CIRCUIT COURT
The Honorable Terry C. Shewmaker, Judge
Cause No.20C01-0701-FA-1
July 29, 2008
MEMORANDUM DECISION - NOT FOR PUBLICATION
ROBB, Judge
Case Summary and Issues
Following a jury trial, Jerry White was found guilty of attempted murder, a Class
A felony; and eight counts of confinement, four as Class B felonies, two as Class C felonies, and two as Class D felonies. The trial court sentenced White to an aggregate sentence of eighty years. White raises the issues of whether sufficient evidence supports his conviction of attempted murder and two of his convictions of confinement as Class B felonies and whether his sentence is inappropriate. Concluding that sufficient evidence exists to support his convictions and that his sentence is not inappropriate, we affirm.
Facts and Procedural History
On the night of January 19, 2007, Kimberly Walker and her sister, Pamela Walker, returned to Kimberly’s residence. Kimberly was with her four children, Ja.W., Ju.W.,
Ky.W., and Ka.W.; and Pamela was with her two children, N.T., and J.J., and her boyfriend, Lathie Turnage. Unbeknownst to anyone in the group, White, the father of
Kimberly’s children, was in the house. White used to live in the residence