Samuel Bellamy v. State of Indiana (mem. dec.) ( 2015 )


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  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),
    this Memorandum Decision shall not be                            Aug 31 2015, 9:41 am
    regarded as precedent or cited before any
    court except for the purpose of establishing
    the defense of res judicata, collateral
    estoppel, or the law of the case.
    ATTORNEY FOR APPELLANT                                   ATTORNEYS FOR APPELLEE
    Timothy J. O’Connor                                      Gregory F. Zoeller
    O’Connor & Auersch                                       Attorney General of Indiana
    Indianapolis, Indiana
    Ian McLean
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    Samuel Bellamy,                                          August 31, 2015
    Appellant-Defendant,                                     Court of Appeals Case No.
    49A05-1412-CR-562
    v.                                               Appeal from the Marion Superior
    Court
    State of Indiana,                                        The Honorable Lisa F. Borges,
    Appellee-Plaintiff.                                      Judge
    The Honorable Anne M.
    Flannelly, Magistrate
    Trial Court Cause No.
    49G04-1205-FC-35056
    Brown, Judge.
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015    Page 1 of 17
    [1]   Samuel Bellamy appeals from his convictions for strangulation and domestic
    battery as D felonies. He raises one issue which we revise and restate as
    whether the trial court abused its discretion in admitting certain evidence. We
    affirm.
    Facts and Procedural History
    [2]   On the evening of April 22, 2012, Sara Bellamy (“Sara”) was in the one-
    bedroom apartment she shared with Bellamy, her husband of approximately
    three years. Earlier that day, Bellamy had been at his mother’s home doing
    laundry and watching basketball. While there, he and Sara exchanged text
    messages, including some sent by her “in regards to him being gone so long.”
    Transcript at 49.
    [3]   He returned to the couple’s apartment sometime around 10 p.m. that evening.
    Sara had expected him home earlier, and she “had an issue” with him coming
    home at such a late time. 
    Id. at 78.
    Anticipating that he would have been
    home at “the normal time,” Sara had prepared dinner for him, and it was cold
    by the time he arrived. 
    Id. He was
    upset that she had “went ahead and made
    dinner instead of waiting until he got home.” 
    Id. at 80.
    He was also “angry
    with the fact that [Sara] didn’t go downstairs and help him bring up the
    laundry.” 
    Id. at 48.
    While discussing the tone of Sara’s earlier text messages,
    Bellamy expressed to her that he thought she was being sarcastic or “slick.” 
    Id. at 49.
    When she attempted to show him the text messages on her phone and
    explain that wasn’t “what [she] was intending to say or sound like,” Bellamy
    began “yelling and screaming” in her face, and he was “so angry that he was
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 2 of 17
    spitting and you could feel his spit hitting your face.” 
    Id. at 49-50.
    At some
    point, he punched her in the stomach, causing her to scream and ask him to
    leave. 
    Id. at 51.
    According to Sara, Bellamy said that he was going to leave,
    but he remained in the apartment. She then began to gather some clothes to
    leave, but, as she started to make her way out, Bellamy grabbed her by her hair
    and pulled her back, causing her to fall to the floor. While she was on her back
    on the floor, Bellamy “got on top of [her] and placed both hands around [her]
    neck and began to choke [her].” 
    Id. at 54.
    When he removed his hands from
    her neck, they continued arguing, she “continued to yell for help,” and he
    punched her in the eye. 
    Id. at 57.
    [4]   Johnathan Griffin, who lived in the apartment below them, heard a woman
    “screaming and pleading. But it sounded like pleading for her life or pleading
    for someone to stop.” 
    Id. at 24-25.
    He also heard a male’s voice and “things
    slamming around . . . like people running through the apartment, a woman
    trying to get away.” 
    Id. After hearing
    this, Griffin called 911, and then called
    911 a second time because “it was so severe, it was going on for so long, [he]
    was afraid for her life.” 
    Id. at 25.
    [5]   Eventually, Bellamy packed several bags and began to leave the apartment.
    When he opened the front door, a police officer was immediately outside the
    door. While remaining in the doorway, Bellamy allowed the officer to enter the
    apartment. The officer made contact with Sara, who was standing
    approximately fifteen feet from the front door. The officer asked Sara if
    “everything was okay,” and she said “yes.” 
    Id. at 67.
    After the officer finished
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 3 of 17
    speaking with Sara, he turned to Bellamy and spoke with him briefly, and
    Bellamy left in his car.
    [6]   Sara spent the night in the apartment. She went to work the next morning, but
    left early to seek treatment at Wishard Hospital. Starting off in the emergency
    room, she was examined by a doctor and had x-rays taken. After being
    examined by the doctor, she was taken to another area of the hospital where
    Jenny Lee (“Nurse Lee”), a registered nurse who is certified as a Forensic
    Nurse Examiner, continued examining her and took pictures. They discussed
    filing a police report, but Sara did not make a report at that time.
    [7]   On April 25, 2012, at approximately 4 a.m., Sara reported the incident to the
    Indianapolis Metropolitan Police Department. The majority of her
    approximately three minute phone call consisted of her providing information
    such as her name and address. Around forty seconds of the call consisted of
    Sara explaining that a police officer had come to her apartment the night of
    April 22, 2012, but that she had not said anything to him because she was
    afraid, that her injuries had been diagnosed at Wishard Hospital, and that
    Bellamy had caused the injuries by strangling her. Following her phone call to
    the police, Officer Rasheed Muwallif was dispatched to speak with Sara at her
    apartment. During the ensuing meeting concerning the events of April 22,
    2012, Sara appeared “very nervous” and “[h]er whole body was shaking.” 
    Id. at 35.
    Officer Muwallif noted “abrasions, minor abrasions to her neck area as
    well as to her face.” 
    Id. The officer
    concluded his investigation by taking her
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 4 of 17
    statement, filling out a police report, and completing a “domestic violence
    purple sheet.” 
    Id. at 37.
    [8]         On May 29, 2012, the State charged Bellamy with: Count I, battery as a class C
    felony; Count II, criminal confinement as a class C felony; Count III,
    strangulation as a class D felony; Count IV, criminal confinement as a class D
    felony; Count V, intimidation as a class D felony; Count VI, domestic battery
    as a class A misdemeanor; Count VII, battery as a class A misdemeanor; and
    Count VIII, interference with reporting a crime, a class A misdemeanor. The
    State also filed an information alleging that Bellamy was an habitual offender.
    A jury trial was held on October 30, 2014, at which Griffin, Sara, and Officer
    Muwallif testified to the foregoing.
    [9]   During Sara’s direct examination, the State introduced the 911 calls made by
    Griffin and the phone call Sara made to the police on April 25, 2011. Bellamy
    did not object to the admission of the 911 calls, but objected to the admission of
    Sara’s call. Specifically, Bellamy’s counsel argued: “I know there is a 911
    exception, but from what she’s describing – it was simply handled by their
    facilities, but it was not an emergency call. So I think it falls outside that rule to
    allow it in and that’s not a true 911 call. It’s not an emergency call.” 
    Id. at 75.
    Defense counsel also stated: “I think it would be bolstering of her
    testimony. She’s already here and she’s testified.” 
    Id. at 76.
    The prosecutor
    argued that defense counsel’s argument goes to the weight and not the
    admissibility of the evidence. The court overruled the objection.
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    [10]   During her cross-examination, Sara testified that an officer came out the night
    of the physical encounter, she did not call the police that night, there was space
    separating her and Bellamy while the officer was present, she told the officer
    that nothing was wrong, she went to work in the morning, and that she did not
    communicate to law enforcement on the following day even though she had the
    option to do so. After cross-examination, the parties discussed playing the
    recording of Sara’s phone call to the jury. Defense counsel argued that the
    recording of the phone call did not have the reliability expected in a 911 call of
    a person reacting to events as they unfold, was a form of hearsay, and would
    bolster the witness as a previous statement that she had made regarding the
    action. The prosecutor argued that the recording was a business record kept in
    the usual course and that it shows the information provided to police officers
    and the course of the investigation. The court reaffirmed its prior ruling, and
    the recording was played for the jury.
    [11]   The State then called Nurse Lee to testify about her examination of Sara at
    Wishard Hospital. During her testimony, the State moved to admit certified
    medical records made by Nurse Lee while treating Sara. The following
    description of the incident was contained in the medical records:
    Pt states that on 4/22/2012 around 2330 Pt (Sara) husband grew angry
    about the tone she took over text message. Sara explains there was no
    tone, but rather just texted random things she had done around the
    house. Sara and her husband exchanged words, when she said “I hate
    you!” She then states that she can[’]t remember the first blow. “He
    grabbed me then I grabbed him and ripped his shirt”. Sara says
    husband said, “You hate me? Well, hate this, Bitch!” as husband
    ripped hair out of Sara’s head. Sara explained that, “He choked
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 6 of 17
    me! He put both hands around my neck and stood over me. (Sara
    begins to cry as she explains) . . . then he said, ‘Bitch! Try to scream
    now!’” Sara cries and says, “I thought he was going to kill me!” Sara
    questions about cycle of violence.
    State’s Exhibit 12.
    [12]   Defense counsel argued that the medical records constituted a “law
    enforcement type investigation,” that it was hearsay, and that it “also fits into
    the realm of the Sixth Amendment right . . . .” Transcript at 106. The
    prosecutor argued that the witnesses testified on multiple occasions that the
    description of the altercation was obtained for the purposes of medical
    diagnosis and treatment. Over Bellamy’s objections, the court admitted the
    medical records.
    [13]   Finally, Bellamy testified about the events of April 22, 2012. He testified that
    the couple was arguing and that the argument became heated. However, he
    testified that the incident only “got physical once [he] tried to come out of the
    bedroom with [his] bags.” 
    Id. at 153.
    He continued by saying that “she
    grabbed [his] jacket,” and, while the two were “tussling,” “the momentum took
    [them] to the floor.” 
    Id. at 155-156.
    He testified that, when they fell, he landed
    on her, and that he “knew it had to be painful, but that was not [his] intention.”
    
    Id. at 156.
    [14]   The jury returned verdicts of guilty on Count III, strangulation as a class D
    felony, Count VI, domestic battery as a class A misdemeanor, and Count VII,
    battery as a class A misdemeanor. Bellamy then pled guilty to Part II of Count
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 7 of 17
    VI, thus elevating the domestic battery conviction to a D felony. He also
    admitted to being an habitual offender. The jury acquitted Bellamy on Counts
    I, II, IV, V, and VIII. The trial court then determined that Count VII merged
    into Part II of Count VI, and, accordingly, did not enter conviction on Count
    VII. The court entered judgments of conviction on Count III and Part II of
    Count VI. On November 10, 2014, the court sentenced Bellamy to three years
    on Count III, a sentence of four and one-half years on the habitual offender
    enhancement attached to his sentence on Count III, and to a concurrent three
    years on Part II of Count VI. Bellamy’s total executed sentence is seven and
    one-half years to be served in the Department of Correction.
    Discussion
    [15]   The issue is whether the trial court abused its discretion in admitting certain
    evidence. Generally, we review the trial court’s ruling on the admission or
    exclusion of evidence for an abuse of discretion. Roche v. State, 
    690 N.E.2d 1115
    , 1134 (Ind. 1997), reh’g denied. We reverse only where the decision is
    clearly against the logic and effect of the facts and circumstances. Joyner v.
    State, 
    678 N.E.2d 386
    , 390 (Ind. 1997), reh’g denied. We may affirm a trial
    court’s decision regarding the admission of evidence if it is sustainable on any
    basis in the record. Barker v. State, 
    695 N.E.2d 925
    , 930 (Ind. 1998), reh’g denied.
    Even if the trial court’s decision was an abuse of discretion, we will not reverse
    if the admission constituted harmless error. Fox v. State, 
    717 N.E.2d 957
    , 966
    (Ind. Ct. App. 1999), reh’g denied, trans. denied.
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 8 of 17
    [16]   Bellamy argues: (A) the trial court abused its discretion in admitting the
    recording of Sara’s phone call to police and the certified medical records
    because they constitute hearsay; and (B) the medical records were needlessly
    cumulative and the admission of the phone call and medical records resulted in
    an improper drumbeat of repetition of the allegations.
    A. Hearsay
    [17]   Hearsay is a statement, other than one made by the declarant while testifying at
    trial, offered in evidence to prove the truth of the matter asserted. Ind.
    Evidence Rule 801(c). Hearsay is inadmissible unless admitted pursuant to a
    recognized exception. Ind. Evidence Rule 802; see also Blount v. State, 
    22 N.E.3d 559
    , 565 (Ind. 2014) (“Hearsay is an out-of-court statement offered for
    the truth of the matter asserted, and it is generally not admissible as evidence.”)
    (internal citations and quotations omitted).
    1. Sara’s Phone Call
    [18]   First, we address Bellamy’s argument that Sara’s phone call to police is
    inadmissible hearsay. Bellamy argues that Sara’s phone call was offered solely
    to prove the truth of the matters asserted. The State argues that the phone call
    constitutes evidence of the course of the investigation conducted by the State
    and was not admitted to prove the truth of the matters asserted in the phone
    call.
    [19]   Regardless of whether the phone call is inadmissible hearsay, we find that at
    most, the trial court’s admission of the phone call would constitute harmless
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 9 of 17
    error. We have stated previously that “[a]ny error caused by the admission of
    evidence is harmless error . . . if the erroneously admitted evidence was
    cumulative of other evidence appropriately admitted.” Iqbal v. State, 
    805 N.E.2d 401
    , 406 (Ind. Ct. App. 2004). We find that the recording of the phone
    call is merely cumulative of evidence properly admitted through the testimony
    of Sara, Nurse Lee, and Bellamy. See Hennings v. State, 
    532 N.E.2d 614
    , 615
    (Ind. 1989) (holding that any error in admitting a recording of the victim’s
    highly emotional call made immediately after rape was cumulative of the
    victim’s testimony and therefore harmless); Johnson v. State, 
    699 N.E.2d 746
    ,
    749 (Ind. Ct. App. 1998) (holding that the error in admitting a recording was
    harmless because the recording was cumulative of prior testimony).
    2. The Certified Medical Records
    [20]   Bellamy argues that the narrative portions of the medical records are hearsay
    that do not qualify under the medical records exception of Ind. Evidence Rule
    803(4). The State argues that the medical records qualify under the hearsay
    exception of Ind. Evidence Rule 803(4).
    [21]   Ind. Evidence Rule 803(4) provides:
    The following are not excluded by the rule against hearsay, regardless
    of whether the declarant is available as a witness:
    *****
    (4) Statement Made for Medical Diagnosis or Treatment. A statement
    that:
    (A) is made by a person seeking medical diagnosis or treatment
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 10 of 17
    (B) is made for—and is reasonably pertinent to—medical
    diagnosis or treatment; and
    (C) describes medical history; past or present symptoms, pain
    or sensations; their inception; or their general cause.
    [22]   This exception is “based upon the belief that a declarant’s self-interest in
    seeking medical treatment renders it unlikely that the declarant would mislead
    the medical personnel person she wants to treat her.” Palilonis v. State, 
    970 N.E.2d 713
    , 726 (Ind. Ct. App. 2012) (quoting Miles v. State, 
    777 N.E.2d 767
    ,
    771 (Ind. Ct. App. 2002)), trans. denied. There is a two-step analysis for
    determining whether a statement is properly admitted under Ind. Evidence Rule
    803(4): “(1) whether the declarant is motivated to provide truthful information
    in order to promote diagnosis and treatment; and (2) whether the content of the
    statement is such that an expert in the field would reasonably rely upon it in
    rendering diagnosis or treatment.” 
    Id. (quoting Nash
    v. State, 
    754 N.E.2d 1021
    ,
    1023-1024 (Ind. Ct. App. 2001), trans. denied).
    [23]   The certified medical records fall under Ind. Evidence Rule 803(4) as the
    statements in the records describe “pain or sensations; their inception; or their
    general cause,” were made to medical personnel while seeking medical
    treatment, and were made for, and were reasonably pertinent to, medical
    diagnosis or treatment. In his brief, Bellamy states that “[of] the narrative’s 165
    words, only the statements ‘[h]usband ripped hair out of Sara’s head,’ and ‘[h]e
    put both hands around my neck and stood over me’ describe any of her alleged
    physical injuries.” Appellant’s Brief at 12. Thus, he appears to acknowledge
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 11 of 17
    that these statements contained within the narrative fall under the medical
    records exception of Ind. Evidence Rule 803(4). See Perry v. State, 
    956 N.E.2d 41
    , 50 (Ind. Ct. App. 2011) (holding that “N.D.’s statements indicating she was
    ‘grabbed . . . around the neck’ and strangled were pertinent to the diagnosis and
    treatment of her physical injuries,” and were admissible under Ind. Evidence
    Rule 803(4)). In Perry, we upheld the admission of medical records under Ind.
    Evidence Rule 803(4) where those records contained an identification of the
    alleged rapist and “statements indicating [the victim] was ‘grabbed . . . around
    the neck’ and strangled,’” because those statements were pertinent to the
    diagnosis and treatment of the victim’s 
    injuries. 956 N.E.2d at 50
    . We noted
    that in the case of sexual assault, the events of the assault can be highly relevant
    for treating the victim. 
    Id. We also
    emphasized that in the case of sexual
    assault, the identity of the perpetrator is significant for the potential treatment
    for sexually transmitted diseases, how to discharge the patient, and any
    psychological counseling that may be necessary. 
    Id. [24] While
    this case differs from Perry in that the evidence presented did not reveal a
    sexual assault component to the attack, the reasoning in Perry is still applicable.
    Sara’s identification of Bellamy as her attacker and her description of the events
    of the attack were highly important for making treatment decisions. At trial,
    Nurse Lee testified:
    Q: Okay. And why then, Jenny, is it important to get kind of that
    information from them about maybe their state of mind or their – not
    only just their physical information. Why is that important?
    A: For us to get medical diagnosis and assessment from the patient.
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    *****
    Q: Is it important when you’re discussing what brought a patient in
    that day to also know if there is any perpetrator or suspect involved in
    that?
    A: Oh, yeah, yeah.
    Q: Okay.
    A: That helps us determine maybe the kind of – the state of mind that
    they’re in. Is this somebody that was a stranger and that the likelihood
    of them encountering this person is pretty minimal? Or is it somebody
    that they live with within the same home of and that they may be
    going into that home?
    Q: And does that affect what resources you may provide to them?
    A: Absolutely. It affects the resources I give them and it affects the
    timing of those resources. Some of these women do go right back into
    the home that they left.
    Transcript at 99-100. As Nurse Lee testified, hearing Sara’s description of the
    events and identification of her attacker were important for making a
    determination of what resources would be needed to provide a holistic
    treatment plan. Accordingly, we conclude that Sara’s statements contained in
    the medical records which describe the attack and the perpetrator of the attack
    were made in the course of medical treatment and fall under the hearsay
    exception of Ind. Evidence Rule 803(4). See 
    Perry, 956 N.E.2d at 50
    ; 
    Nash, 754 N.E.2d at 1025
    (“[I]n cases such as the present one where injury occurs as the
    result of domestic violence, which may alter the course of diagnosis and
    treatment, trial courts may properly exercise their discretion in admitting
    statements regarding identity of the perpetrator.”). In addition, to the extent
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015   Page 13 of 17
    that some of the statements in the medical records may have exceeded the
    scope of the medical diagnosis exception, we conclude that any error in the
    admission of these nonmaterial statements was harmless. See 
    Perry, 956 N.E.2d at 50
    (concluding that any error in the admission of nonmaterial statements that
    may have exceeded the scope of the medical diagnosis exception and were left
    unredacted was harmless).
    B. Drumbeat Repetition
    [25]   Finally, Bellamy argues that the trial court abused its discretion by admitting
    the phone call and the medical records because their admission resulted in a
    drumbeat of repetition that prejudiced the jury. In addition, he contends that
    the medical records should have been excluded as needlessly cumulative under
    Ind. Evidence Rule 4031 because Sara testified at trial. The record reveals that
    he did not object to the admission of the records on that basis at trial. As we
    have stated previously, “a party may not present an argument or issue to an
    appellate court unless the party raised the same argument or issue before the
    trial court.” Washington v. State, 
    840 N.E.2d 873
    , 880 (Ind. Ct. App. 2006)
    (quoting Crafton v. State, 
    821 N.E.2d 907
    , 912 (Ind. Ct. App. 2005)), trans.
    denied. Accordingly, we find that Bellamy has waived his argument under Ind.
    Evidence Rule 403. See id.; Mendenhall v. State, 
    963 N.E.2d 553
    , 567 (Ind. Ct.
    App. 2012) (“At trial, Mendenhall failed to object to DeLaney’s testimony on
    1
    Ind. Evidence Rule 403 provides that “[t]he court may exclude relevant evidence if its probative value is
    substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues,
    misleading the jury, undue delay, or needlessly presenting cumulative evidence.”
    Court of Appeals of Indiana | Memorandum Decision 49A05-1412-CR-562| August 31, 2015             Page 14 of 17
    Rule 403 grounds. Failure to object to the admission of evidence at trial
    generally results in waiver and precludes appellate review unless its admission
    constitutes fundamental error.”), trans. denied. Waiver notwithstanding,
    Bellamy’s argument that the medical records were inadmissible as needlessly
    cumulative simply because Sara testified at trial is unpersuasive. See State v.
    Velasquez, 
    944 N.E.2d 34
    , 37-38, 42 (Ind. Ct. App. 2011) (finding victim’s
    diagnosis and treatment records admissible under Ind. Evidence Rule 803(4)
    where the victim testified), trans. denied; see also Ind. Evidence Rule 803(4) (“The
    following are not excluded by the rule against hearsay, regardless of whether
    the declarant is available as a witness . . . (4) Statement Made for Medical
    Diagnosis or Treatment. . . .”).
    [26]   Bellamy cites to Modesitt v. State, 
    578 N.E.2d 649
    (Ind. 1991), to support his
    argument that the admission of cumulative hearsay evidence is grounds for
    reversal. In Modesitt, the State presented the testimony of three lay witnesses
    who gave detailed recitations of the child victim’s account before the child
    testified, and, as the Indiana Supreme Court noted, Modesitt “could not cross
    examine the [witnesses] concerning the truthfulness of the charges which had
    been leveled by [the victim].” 
    Modesitt, 578 N.E.2d at 651
    . In that case, the
    Indiana Supreme Court observed that, by allowing the admission of these
    recitations “[p]rior to putting the victim on the stand, the victim’s veracity had
    been, in essence, vouchsafed by permitting the three witnesses to repeat the
    accusations of the victim.” 
    Id. at 651.
    The Court concluded that “the drumbeat
    repetition of the . . . statements prior to calling the victim herself precluded
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    direct, immediate cross examination of the statements and constitutes error
    requiring reversal.” 
    Id. at 652.
    [27]   Modesitt is distinguishable from this case. Here, Sara testified, and Bellamy had
    the opportunity to cross-examine her before the phone call was played to the
    jury. Additionally, Nurse Lee testified prior to the admission of the certified
    medical records, and Bellamy had the opportunity to cross-examine her about
    the statements made in those records. Furthermore, the statements contained
    in the phone call and the medical records were brief, consistent with, and did
    not elaborate upon Sara’s testimony. For these reasons, we conclude that the
    challenged evidence did not constitute drumbeat repetition of Sara’s testimony
    requiring reversal and that any error made in admitting the phone call or
    medical records was harmless. See, e.g., McGrew v. State, 
    673 N.E.2d 787
    , 796
    (Ind. Ct. App. 1996) (holding that the improper admission of hearsay testimony
    from two witnesses whose testimony was “brief and consistent with” the
    victim’s testimony did not “constitute drumbeat repetition of the victim’s
    statements”), summarily aff’d, 
    682 N.E.2d 1289
    , 1292 (Ind. 1997); Surber v. State,
    
    884 N.E.2d 856
    , 863-864 (Ind. Ct. App 2008) (finding that the admission of
    certain testimony the defendant argued constituted drumbeat repetition of the
    victim’s statements was harmless error where the admitted testimony was brief,
    consistent with, and did not elaborate upon the victim’s testimony and was
    made after the victim testified subject to cross-examination), trans. denied.
    Conclusion
    [28]   For the foregoing reasons, we affirm Bellamy’s convictions.
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    [29]   Affirmed.
    Friedlander, J., and Riley, J., concur.
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