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BENAVIDES v. STATE

No. 18A02-0304-CR-352.

808 N.E.2d 708 (2004)

Robert P. BENAVIDES, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied August 26, 2004.

Attorney(s) appearing for the Case

Kelly N. Bryan, Public Defender, Muncie, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Robert P. Benavides appeals his convictions for burglary, two counts of robbery, and two counts of criminal confinement for his role in the robbery of Jason Smith and Crystal Mullis. Although the audiotape of the 911 call, which captured the crime in progress, contained inaudible portions, the tape was nevertheless admissible because it showed that a robbery occurred, contradicting Benavides' version of events...

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