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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: KIMBERLY A. JACKSON Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CORINA Y. SMITH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 35A04-0703-CR-123

APPEAL FROM THE HUNTINGTON CIRCUIT COURT The Honorable Thomas M. Hakes, Judge Cause No. 35C01-0610-FB-52

September 20, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Corina Y. Smith ("Smith") appeals her sentence and ordered restitution for four counts of Arson; two counts as Class B felonies 1 and two counts as Class D felonies. 2 We affirm. Issues Smith raises two issues on appeal, which we restate as follows: (1) Whether the trial court abused its discretion in sentencing Smith to a fifteen-year term of imprisonment; and (2) Whether the trial court committed fundamental error in ordering her to pay $341,256 in restitution. Facts and Procedural History While employed by CFM U.S. Corporation ("CFM"), Smith set fires "inside the company" on November 11, 2005, March 15, 2006, and two separate fires on March 28, 2006. Transcript at 13. The State charged her with two counts of Arson as Class B felonies, two counts of Arson as Class D felonies, and Criminal Mischief as a Class B misdemeanor. 3 On behalf of CFM, Laura Williams filed a Restitution Claim Form, seeking $341,256 in restitution for various types of damage. Smith moved to plead guilty, admitting that the first two fires each caused "well over $5,000.00" of damage and that the third and fourth fires caused a total of $1,974.17 of damage. Appendix at 58. The State agreed to a maximum fifteen-year executed sentence and dismissed the charge of Criminal Mischief. The trial court accepted the plea agreement. It found four aggravating circumstances: committing multiple acts against the same victim, holding a position of trust as an employee,
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Ind. Code

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