By Jack Molitor The Herald Bulletin
The Herald Bulletin
---- — ANDERSON — The appeal of one of three men convicted in the 2010 Thanksgiving weekend double homicide was denied on Thursday.
Jacob Fuller, 18, had his five-point appeal denied point by point by Indiana Court of Appeals Judge L. Mark Bailey, meaning the teen will continue serving the 150-year prison term he received in September 2012.
The bodies of Keya Prince and Stephen Streeter were found in their home in the 2300 block of Menifee Street on Nov. 29, 2010. Both had been shot.
Police later identified three suspects in the murders: Na-Son Smith, Martez Brown and Fuller, who were 18, 16, and 15, respectively, at the time.
Prosecutors said after killing the two, the three defendants took $7,000, marijuana, a video game console and a television from the home, then went on a shopping spree. They were arrested a week later.
In court proceedings, all three were found guilty and given 150-year prison terms.
In the appeal, Fuller and appellate attorney David W. Stone took issue with an alleged variance of charging information and evidence presented at trial, because the bodies weren’t found immediately after the crime. They also argued Judge David Happe, who presided over the case, abused his discretion in sentencing.
Stone also criticized Fuller’s defense attorney and the prosecuting attorney in the original trial.
Bailey denied the appeal on each point, writing that while the bodies weren’t found immediately, they were found in a timely enough manner and it didn’t constitute a fatal variance.
Bailey also denied that Happe abused his discretion in determining aggravators. He especially focused on Fuller’s extensive criminal record and prior juvenile adjudication record.
“We conclude that the trial court did not impose an inappropriate sentence,” Bailey wrote in his decision.
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