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Bryan E. Clark v. State of Indiana (NFP)
State: Indiana
Court: Court of Appeals
Docket No: 08041102msm
Case Date: 08/04/2011
Plaintiff: Bryan E. Clark
Defendant: State of Indiana (NFP)
Preview: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. ATTORNEY FOR APPELLANT: LEANNA WEISSMANN Lawrenceburg, Indiana

FILED
Aug 04 2011, 10:39 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BRYAN E. CLARK, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 16A01-1011-CR-604

APPEAL FROM THE DECATUR CIRCUIT COURT The Honorable John A. Westhafter, Judge Cause No. 16C01-1007-FC-139

August 4, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Bryan E. Clark appeals his sentence of twelve years executed in the Department of Correction (DOC). He argues the sentence is inappropriate given his character and the nature of his offense. We affirm. FACTS AND PROCEDURAL HISTORY On July 14, 2010, Dennis Clark reported to the Greensburg Police Department that his son, Bryan, forged sixteen checks, totaling $8,020.00, issued to Dennis and his wife, Betty. When Bryan cashed one of the forged checks at the First Federal Savings and Loan Association of Greensburg, he knew Fifth Third Bank, the issuing bank, would not honor the check. Around the same time, Bryan rented a vehicle, using Betty as an alternate person to charge for the vehicle. Bryan kept the vehicle for weeks beyond the return date, and he lied to the rental agency about why he needed to keep the car past the return date. When the rental agency told Betty she was being charged for the vehicle rental, Betty denied knowing Bryan rented the vehicle and advised the rental agency to report the car stolen. On July 18, 2010, Officer Anthony Murphy of the Cincinnati Police Department located the stolen vehicle in Cincinnati, Ohio. Bryan was driving it and Officer Murphy arrested him. Bryan was transferred to Indiana. The State charged Bryan with forgery1 and fraud on a financial institution, both Class

1

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