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.

FILED
Jul 22 2008, 10:12 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ROBERT D. WICKENS Greensburg, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW WHITMIRE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CLINTON McCONNELL, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 16A04-0802-CR-75

APPEAL FROM THE DECATUR CIRCUIT COURT The Honorable John A. Westhafer, Judge Cause No. 16C01-0612-FC-215

July 22, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

1

BROWN, Judge

Clinton McConnell appeals his sentence for three counts of burglary as class C felonies. 1 McConnell raises two issues, which we revise and restate as: I. II. Whether the trial court abused its discretion in sentencing him; and Whether his sentence is inappropriate in light of the nature of the offense and the character of the offender.

We affirm. The relevant facts follow. In February 2005, McConnell, while acting with other persons, broke into a store and stole merchandise. In August 2005, McConnell, while acting with other persons, broke into a locked garage and stole a "four by four quad all terrain vehicle." Transcript at 33. McConnell later sold and collected money for the vehicle. That same month, McConnell, again acting with other persons, broke into a barn and stole another four by four vehicle. On December 20, 2006, the State charged McConnell with three counts of burglary as class C felonies and one count of corrupt business influence as a class C felony. On November 26, 2007, the day of the trial, McConnell pled guilty to three counts of burglary as class C felonies and, pursuant to the plea agreement, the State dismissed the remaining count of corrupt business influence as a class C felony. The plea agreement provided:

1

Ind. Code

Download Clinton McConnell v. State of Indiana.pdf

Indiana Law