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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: GARY L. GRINER Mishawaka, Indiana

FILED
Aug 18 2010, 9:07 am
of the supreme court, court of appeals and tax court

CLERK

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
CLYDE EDWARD PRYOR Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A04-0912-CR-748

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable John M. Marnocha, Judge Cause No. 71D02-0907-FD-679

August 18, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Clyde E. Pryor appeals his conviction of and sentence for Class D felony attempted residential entry.1 He claims the evidence was insufficient to support his conviction, his habitual offender sentence enhancement2 was an abuse of discretion, and his sentence is inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY At approximately 11:15 a.m. on July 12, 2009, off-duty police officer John Cox was walking his dog in his apartment complex. He spotted a suspicious vehicle and, after speaking with the apartment manager and the South Bend Police Department, determined it did not belong to a resident of the apartment complex. About ten minutes later, Officer Cox heard three or four loud bangs from the area where the suspicious vehicle was parked. Officer Cox saw Pryor leaning with his back against an apartment door, kicking it with his foot, and looking around after each kick. Officer Cox approached Pryor and ordered him to the ground, handcuffed him, and read him his Miranda rights. Pryor said he was at the apartment complex to pick up a friend but did not know where the friend lived. He refused to tell Officer Cox the friend's name. Officer Cox returned later to the apartment Pryor was attempting to enter. Both occupants said they did not know Pryor. Pryor was convicted of Class D felony attempted residential entry and found to be an habitual offender. He was sentenced to three years for the attempted residential entry, with

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Ind. Code

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