Bennett Houston v. State of Indiana

── Bennett Houston v. State of Indiana ── Case No.: 23A-CR-01725 Court: Indiana Court of Appeals Date: December 01, 2023 Author: Judge L. Mark Bailey County of Origin: Marion Category: Criminal Decision: Affirmed Judge May and Judge Felix concur On November 28, 2020, Jose Torres was selling items at a “yard sale” on the corner of Pendleton Pike and Shadeland Avenue in Indianapolis. Tr. Vol. 3 at 86. That evening, as he was packing up to leave, Torres felt someone approach him from behind. Torres turned around and saw a black male wearing a “fabric” mask. Id. at 87. The male said: “give me your money.” Id. at 86. Torres initially thought it was a joke, but when the male demanded money for the third time, he pulled a gun from behind his back.