Scott v. State

HUNTER, Justice.

The defendant, David Michael Scott, was convicted by a jury of unlawful deviate conduct, a class A felony. Ind. Code § 35-42-4-2 (Burns 1979 Repl.). He was sentenced to a period of thirty years in the Indiana Department of Correction. In his direct appeal, he presents the following issues for our review:

1. Whether the trial court erred when it refused to grant his mistrial based on the prosecutor’s reference to defendant’s photograph in police “mug shot” files; and

2. Whether the evidence was sufficient to sustain the jury’s conclusion that a “deadly weapon” was employed in the…