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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: MICHAEL R. FISHER Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEPHEN R. CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0611-CR-1053

APPEAL FROM THE MARION SUPERIOR COURT The Honorable William Robinette, Commissioner Cause No. 49G03-0604-FB-075888

September 7, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Dale Mundy ("Mundy") appeals his convictions and sentence for robbery as a Class B felony, robbery as a Class C felony, and criminal recklessness as a Class D felony. Mundy contends that the trial court abused its discretion by admitting into evidence the in-court identification of him, that insufficient evidence exists to support his conviction for robbery as a Class B felony, and that the court erred by imposing above-advisory consecutive sentences. Concluding that the State established an

independent basis for Mundy's in-court identification, that sufficient evidence exists to support his conviction for robbery as a Class B felony, and that the court did not err in sentencing him, we affirm the judgment of the trial court. Facts and Procedural History On April 16, 2006, Dustin Browers ("Browers") and Tyler Blair ("Blair"), ages fifteen and sixteen, respectively, rode their bikes to go fishing near the conflux of the White River and Pleasant Run on the south side of Indianapolis. They parked their bikes just above a bridge on a path near to where they were fishing. Browers and Blair fished in two separate locations. Browers began fishing near the bridge closest to the location of their bikes, and Blair fished closer to the river away from the bridge. While fishing, two men grabbed their bikes. In the midst of taking their bikes, one of the men, later identified as Mundy, approached Browers, asked him if he knew how to fight, and then punched him in the face, causing his lip to bleed. In addition to taking their bikes, Mundy took Browers' two fishing poles and Blair's necklace. Mundy and the other perpetrator then fled the scene. 2

After the men left with Browers' and Blair's bikes, Browers' two fishing poles, and Blair's necklace, Browers and Blair walked home and called Browers' father, Richard Burchfield ("Burchfield"), to describe the incident to him. After learning of this incident, Burchfield, along with his oldest son, Richard Wayne Burchfield, Jr. ("Burchfield, Jr.") drove through a neighborhood adjacent to where the boys had been fishing and began searching for the two men. While driving through the neighborhood, they saw what appeared to be Browers' and Blair's bikes in front of one of the neighborhood homes. After pulling into the driveway, Burchfield approached the front of the home and began knocking on the front porch door. Nobody answered. While continuing to knock, Burchfield saw two fishing rods through a glassed-in porch that he recognized as the rods belonging to his son. Burchfield entered the porch, took the fishing rods, and began yelling through a screen window at a man he saw inside the home who had dreadlocks and tattoos lining his arms, later identified as Mundy. Mundy and Burchfield argued momentarily until Burchfield, concerned that another man in the house had a gun, retreated to his vehicle with the fishing poles and drove away. Mundy threw bricks at Burchfield and Burchfield, Jr. as Burchfield was retreating to his vehicle. On April 27, 2006, the State charged Mundy with Count I: Robbery as a Class B felony, 1 Count II: Robbery as a Class C felony, 2 and Count III: Criminal Recklessness as a Class D felony. 3 The State also alleged that Mundy was a habitual offender. Before

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Ind. Code

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