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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.

FILED
Nov 02 2009, 9:44 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: WILLIAM A. EASTRIDGE Assistant Public Defender New Albany, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DANIEL A. ROBINSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 22A01-0907-CR-326

APPEAL FROM THE FLOYD CIRCUIT COURT The Honorable J. Terrence Cody, Judge Cause No. 22C01-0806-FB-193

November 2, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Daniel Robinson pleaded guilty to Burglary1 as a class B felony and was subsequently sentenced to sixteen years, with fifteen years executed at the Department of Correction and one year suspended to probation. On appeal, Robinson argues that his sentence is

inappropriate in light of the nature of the offense and his character. We affirm. On July 9, 2005, Robinson, with the intent to commit the felony of theft, broke and entered the home of William C. Moyer and his wife, Janice, located in downtown New Albany, Indiana. The Moyers were out of town at the time of the burglary. Later that day, the Moyers' daughter discovered that her parents' home had been burglarized and reported the matter to the New Albany police. A window had been broken out of the front door and the door had been forced open. Moyer reported that jewelry and other valuables worth approximately $10,000 had been stolen from the home. Inside the home, police discovered two reddish-brown stains that appeared to be blood. Swabs of both stains were taken and submitted to the Indiana State Police Laboratory for DNA testing. On June 6, 2008, the DNA profile created from the swabs taken at the Moyer residence was found to be consistent with Robinson's DNA profile, which was obtained upon Robinson's arrest nearly three years after the burglary at the Moyer residence. On June 13, 2008, the State charged Robinson with Count I, burglary as a class B felony, and Count II, theft as a class D felony. On March 12, 2009, Robinson pleaded guilty

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Ind. Code Ann.

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