Berry v. State

BOEHM, Justice.

Montrez Berry was convicted of murder and attempted murder. He was found to be a habitual offender and sentenced to 145 years imprisonment. He contends in this direct appeal that the trial court erred in admitting: (1) DNA test results that the State failed to disclose pursuant to the trial court’s automatic discovery rule, (2) evidence of an extrinsic offense under Indiana Evidence Rule 404(b), and (3) a 12-gauge Muss-berg shotgun as demonstrative evidence. We affirm the judgment of the trial court.

Factual and Procedural Background

On November 9, 1995, Andrea Russell went to…