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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.

ATTORNEY FOR APPELLANT: KRISTIN A. MULHOLLAND Office of the Public Defender Appellate Division Crown Point, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana BRIAN REITZ Deputy Attorney General Indianapolis, Indiana

FILED
Aug 10 2011, 9:54 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
CHRISTOPHER LEE RICHMOND, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 45A04-1101-CR-9

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Diane Ross Boswell, Judge Cause No. 45G03-1004-FD-45

August 10, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Christopher Lee Richmond ("Richmond") appeals his two-year sentence for Theft, as a Class D felony,1 presenting the sole issue of whether his sentence is inappropriate. We affirm. Facts and Procedural History On April 22, 2010, Richmond knowingly and intentionally exerted unauthorized control over aluminum machine parts belonging to American Precision Services. On September 16, 2010, Richmond pled guilty to Theft. The trial court conducted a sentencing hearing on December 9, 2010. The trial court found as mitigating circumstances that Richmond had pled guilty and that he had substantial medical issues requiring ongoing medical treatment. The trial court found Richmonds juvenile and criminal history to be aggravating. Richmond was sentenced to two years imprisonment. He now appeals. Discussion and Decision Upon conviction of a Class D felony, Richmond faced a sentencing range of six months to three years, with the advisory sentence being one and one-half years. See Ind. Code

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