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FOR PUBLICATION
ATTORNEYS FOR APPELLANT: SUSAN K. CARPENTER Public Defender of Indiana JOHN A. ENGLAND Deputy Public Defender Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ANDREW MCBRIDE, Appellant-Petitioner, vs. STATE OF INDIANA, Appellee-Respondent. ) ) ) ) ) ) ) ) )

No. 49A02-0507-PC-615

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Tanya Walton Pratt, Judge The Honorable Heather Welch, Commissioner Cause No. CR84-217E

November 14, 2005 OPINION - FOR PUBLICATION

RILEY, Judge

STATEMENT OF THE CASE Appellant-Petitioner, Andrew McBride (McBride), appeals the post-conviction court's Order reducing his Class A felony robbery conviction to a Class B felony robbery conviction. We reverse and remand for sentencing. ISSUE McBride raises one issue on appeal, which we restate as follows: whether the post-conviction court erred by not reducing his Class A felony robbery conviction to a Class C felony robbery conviction. FACTS AND PROCEDURAL HISTORY We adopt the statement of facts as set forth in McBride v. State, 515 N.E.2d 865, 866 (Ind. 1987): The evidence shows that around 10:15 p.m. on April 29, 1982, [Clifford] Pride left the Jewish Community Center in Indianapolis. A few blocks from the center, Kathy Ransford was watching television when she saw a car pull up at approximately 10:30 p.m. and park in front of her home. Ransford observed someone get out of the car, then reach back into the car and remove a clutch purse. A second car drove up and picked up the person. Ransford could not identify the person because of darkness. The next morning, police discovered Pride's body in the car. He had been shot four times in the head, one time in the neck, and two times in the right hand. Although Pride usually carried over a hundred dollars in cash on his person, sometimes in his sock, the police found no money on the body. One of Pride's pant legs, however, was rolled up. In addition, Pride normally carried a wallet and a clutch bag. The police discovered neither. On that same day, April 30, 1982, McBride's girlfriend, Johnnie Foster, discovered a wallet under the front seat of McBride's car. The wallet contained identification for Clifford Pride and three of his credit cards. She purchased various items with the cards before throwing the wallet away. 2

Two weeks later, Foster told McBride she used the charge cards. McBride became nervous. He told her she should not have used the cards because he had killed the owner. McBride said Pride had pulled a gun on him earlier in the week because Pride thought he was "messing with" Edwin Kennedy. McBride told Foster he had waited for Pride in the back of his car at work, shot him, and left him in the car. On November 21, 1984, the State filed an information, charging McBride with Count I, murder, a felony, Ind. Code.

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