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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
Dec 22 2008, 9:20 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JAMES R. REED Morocco, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General KIP S. MCDONALD Law Clerk Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BOBBY WAYNE TABOR, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A03-0804-CR-159

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Thomas P. Stefaniak, Jr., Judge Cause Nos. 45G04-0705-FC-50, 45G04-0710-FC-128

December 22, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge

Bobby Wayne Tabor pleaded guilty to three counts of burglary,1 each as a Class C felony, and was sentenced to an aggregate sentence of twelve years. He appeals raising the following restated issues: I. Whether the trial court's imposition of consecutive sentences violated Indiana Code section 35-50-1-2(c); and Whether his sentence was inappropriate in light of the nature of the offense and the character of the offender.

II.

We affirm. FACTS AND PROCEDURAL HISTORY On May 1, 2007, Tabor used a rock to break a window in order to enter John Cicco's Menswear in Merrillville, Indiana in Lake County. He took a drill, cash, merchandise, discount cards, and keys to a Ford van from the store without the consent of any representative of John Cicco's Menswear. That same date, Tabor used a metal pipe to break a window and gain entry into Bennigan's Restaurant, which is located only a few hundred feet from the menswear store and also in Lake County. He entered with the plan to take property from the restaurant without consent, and once inside, he caused extensive damage. On May 7, 2007, Tabor broke two closed windows in order to enter an AG Edwards office located in Merrillville. After entering the building, Tabor took a credit card belonging to an employee without consent. Tabor was initially charged, under cause number 45G04-0705-FC-50 ("Cause 50"), with two counts of burglary, each as a Class C felony, resulting from the break-ins at John

1

See Ind. Code

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