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D and Pinnell got the victim's name and phone number from Swing N Sway magazine, where people advertise for sexual contacts. They drove to the victim's residence in a car borrowed from Dixie Timmons, Pinnell's ex-wife. They were accompanied by a woman named Velma Varzali. She stayed in the car when D and Pinnell went into the victim's residence. They eventually returned to the car and loaded it with personal property taken from the residence. Later that same day, D wrote checks on the victim's account and used his credit cards. When the body was discovered his feet and hands were tied behind his back with an electric appliance cord and there was a cord around his neck. He died of asphyxiation, because of the cord around his neck and the wad of toilet paper stuffed in his mouth. He had been struck on the right side of his head, which caused a tear in his ear. The apartment was ransacked and several items of property were taken, including the victim's wallet and checkbook. When arrested D had the victim's checkbook and credit cards and was wearing two rings taken from the victim. The state introduced evidence that D and Pinnell had assaulted and robbed Randy Brown about 10 days before they killed Ruffner. P claimed that the facts of the Brown assault were so similar to the Ruffner homicide that it was relevant to identify the two men as the perpetrators of that killing.' P also introduced, through the testimony of other witnesses, eleven statements made by Pinnell. The trial court, over D’s objection, allowed the state to introduce, through the testimony of other witnesses, eleven statements made by Pinnell. D objected. D was convicted and appealed. The Court of Appeals held that the trial court did not err in admitting the statements as statements of a coconspirator under 801(4)(b)(E). D appealed.

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