Hernandez v. State

OPINION

BAKER, Judge

Appellant-defendant Frank R. Hernandez, II appeals his convictions for two counts of Criminal Recklessness, 1 a Class D felony and Battery, 2 a Class A misdemeanor, claiming that a statement made by the victim was improperly admitted into evidence at trial. Specifically, he contends that the “excited utterances” of the victim who did not testify at trial amounted to a denial of his right of confrontation under our State constitution.

FACTS

The facts most favorable to the verdict reveal that on June 15, 1998, Detective David Colon of the Fort Wayne Police Department was…