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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be 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.

FILED
Jun 08 2009, 9:14 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: RANDY M. FISHER Deputy Public Defender Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana J.T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BENNIE R. SPICER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A03-0812-CR-578

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable John F. Surbeck, Jr., Judge Cause Nos. 02D04-0703-FB-33, 02D04-0703-FB-35, 02D04-0705-FB-74, 02D04-0705-FB-123

June 8, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary Bennie R. Spicer appeals the sentence imposed on his guilty pleas to two counts of class B felony robbery, one count of class B felony attempted robbery, and one count of class C felony burglary. We affirm. Issues Spicer raises two issues, which we restate as follows: I. Whether the trial court abused its discretion in failing to consider certain mitigating factors; and Whether his sentence is inappropriate in light of the nature of the offenses and his character.

II.

Facts and Procedural History On March 7, 2007, the State charged Spicer with one count of robbery resulting in bodily injury, a class B felony,1 in cause number 02D04-0703-FB-33 ("FB-33") and another count of class B felony robbery in cause number 02D04-0703-FB-35 ("FB-35"). On May 3, 2007, the State charged Spicer with one count of class C felony burglary2 in cause number 02D04-0705-FB-123 ("FB-123"). On May 9, 2007, the State charged Spicer with class B felony attempted robbery in cause number 02D04-0705-FB-74 ("FB-74"). On July 20, 2007, Spicer pled guilty in causes FB-33 and FB-35. In cause FB-33, Spicer admitted that he took Cheryl Pegginss purse, causing injury. In cause FB-35, Spicer

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Ind. Code

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