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RHEA v. STATE

No. 49A02-0310-CR-929.

814 N.E.2d 1031 (2004)

Jason K. RHEA, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 15, 2004.

Attorney(s) appearing for the Case

Victoria Ursulskis, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Nicole M. Schuster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Chief Judge.

Following retrial, Jason K. Rhea appeals his conviction for conspiracy to commit robbery as a Class A felony.1 On appeal, he raises four issues for review, one of which we find dispositive: whether the trial court abused its discretion during Rhea's second trial by admitting a transcript of testimony given by a witness at the first trial, after declaring that witness unavailable to testify.

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