A jury convicted Demario Banks of murder, felony murder, and robbery in the shooting death of Jakiya McKnight. In this direct appeal, Banks raises four issues for our review which we consolidate and rephrase as: (1) did the trial court err in denying Banks' motion for mistrial; (2) did the trial court err in excluding evidence of a witnеss' prior conviction; and (8) did the trial court err by allowing hearsay testimony into evidence. Finding no error, we affirm.
Facts
The facts most favorable to the verdict show that Banks and James Morris decid *404 ed to rob known drug dealer McKnight. In the early morning hours of December 20, 1998, they went to McKnight's home and engagеd him in a brief conversation. Suddenly producing a Imm handgun, Banks told McKnight to lie on the floor and demanded to know where he kept his drugs and money. In the meantime, Morris proceeded to ransack the house finding a large quantity of cocaine and between five and eight thousand dollars in cash. While conducting his search, Morris heard a gun shot. Banks later told Morris that he had accidentally shot MceKnight. The two removed jewelry from McKnight's body and fled the seene with jewelry, money, and drugs. A later autopsy revealed McKnight died as a result of a gunshot wound to the chest.
Banks was subsequently arrested and charged with murder, robbery, and felony murder. After a trial by jury, he was convicted as charged. The trial court did not enter a judgment of conviction on the murder and robbery convictions. Finding they merged into the conviction for felony murder, the trial court entered judgment and sentenced Banks on that cоnviction only to a term of sixty years. This appeal followed. Additional facts are set forth below where relevant.
Discussion
'I.
‘lBanks first contends the trial court erred in denying his motion for mistrial. The facts are these. At the time he committed the instant offenses, Banks was on bond for an unrelated carjacking charge. At trial, the State called Morris to the stand. 1 After a series of questions and answers, the following exchanged occurred:
[Prosecutor:] So you, Vonda and [De-mlario are discussing hitting a lick or going to rob Jakiya, is that right?
[Morris:] Yes.
[Prosecutor:] Tell me what everybody said during that discussion.
[Morris:] Basically we was just talking about hitting a lick so we could pay Demario's lawyer [] to get him six do three on his carjacking case.
R. at 421. At that point, Banks objected and requested to be heard outside the presence of the jury.. The jury was excused, and Banks moved for mistrial on the grounds that the testimony concerning his alleged bad act was "highly prejudicial, [and] there's no way I can cure it...." R. at 422. The trial court denied the motion. However, upon Banks' request, the trial court admonished the jury to disregard the witness' response. R. at 425-26. 2 In this appeal, Banks contends the trial court erred in denying his motion for mistrial because the testimony violated the trial court's grant of his earlier motion in 1i-mine.
We first observe that predicating error on the admission of evidеnce that
*405
had been excluded preliminarily by an order in limine presents nothing for review. Rather, if the trial court errs by admitting evidence, the exclusion of which was sought by a motion in limine, then the error is in admitting the evidence in violation of an evidentiary rule, not in resceind-ing a previous order in limine. Francis v.State,
A mistrial is an extreme remedy that is warranted only when less severe remedies will not satisfactorily correct the error. Warren v. State,
IL
Banks next complains the trial court erred in denying him the opportunity to introduce details of Morris' prior convietion. The facts supporting this аllegation of error show that during cross-examination, Banks established that Morris had once been convicted of robbery. He then procеeded to question Morris about the details of the conviction. The State objected, and after argument outside the presence of the jury, the trial court sustained the objection. According to Banks he should have been allowed to pursue this line of questioning to show that Morris had a propensity of recruiting others to assist him in committing crimes. Banks cites no authority for this proposition, and our own research reveals none. Rather, although a witness may be cross-examined about pri- or criminal convictions for certain "infamous crimes" and erimes involving dishonesty or false statement, Ind. Evidence Rule 609(2), the witness may be questioned only about whether he or she had been convicted of a particular crime. Hobbs v. Stаte,
IIL.
For his last allegation of error, Banks complains the trial court improperly allowed inadmissible hearsay into evidence. The facts in support of this allegation show that during the cross-examination of Morris, сounsel for Banks introduced into evidence two letters Morris had sent Banks while both were in custody awaiting trial. R. at 502, 506. Counsel questioned Morris extensively аbout the contents of the letters and the meaning and context of certain words and phrases. On redirect examination by the State, Morris testifiеd that the letters he sent Banks were in response to letters that Banks had written him. By the time of trial, those letters had been thrown away. When asked by the State what Banks had said in those discarded writings, counsel objected on grounds of hearsay and improper foundation. R. at 528-26. The trial court overruled the objection, and Morris continued as follows: "He was asking me about why I made a statement against, that uh, you know, it wasn't right to make a statement *406 against him basically only just that." R. at 527. 3
Bаnks' argument that Morris' testimony was inadmissible as hearsay is incorrect. A party's own statement offered against that party is not hearsay.© Evid.R. 8Ol1(d)(2); see also Jones v. State,
Conclusion
The judgment of the trial court is affirmed. > |
Notes
. Morris also was charged with murder, felony murder, and robbery. His trial was scheduled to begin within a week tо ten days after Banks' trial concluded. R. at 411.
. Specifically, the trial court said:
Ladies and gentlemen of the jury, you are admonished to disregard the last testimony of this witness with regard to any оther charges the defendant may have now, or may have ever had for any criminal acts ... not related to this case. You must not allow this matter, these statements to influence your decision in this case. You must not discuss or mention this matter in your discussions with. one another. You must base your verdict sоlely upon the ... proper evidence in this case, and the final instructions to the Court as to the law in this case.
R. at 425-26.
. The record shows that after his arrest, Morris gave a statement to police implicating Banks. R. at 454-56.