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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: MARCE GONZALEZ, JR. Dyer, Indiana

FILED
Apr 08 2008, 10:52 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MARJORIE LAWYER-SMITH Deputy Attorney General Indianapolis, Indiana

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

No. 45A03-0710-CR-474

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Thomas Stefaniak, Jr., Judge Cause No. 45G04-0506-FB-51

April 8, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Daniel J. Wolfe appeals the sentence imposed following his plea of guilty but mentally ill to two counts of class B felony robbery.1 We affirm. ISSUE Whether Wolfe's sentence is inappropriate pursuant to Indiana Appellate Rule 7(B). FACTS On June 23, 2005, Wolfe entered a check-cashing business located in Highland. While pointing a handgun at the two employees, Wolfe demanded that they open the cash register. After Wolfe took some money out of the register, he fled in a vehicle. Wolfe then led several law enforcement officers on a chase, which ended with officers firing at Wolfe after he pointed his gun at them. On June 24, 2005, the State charged Wolfe with two counts of class B felony robbery and one count of resisting law enforcement, as a class D felony. On July 1, 2005, the State filed an amended information, charging Wolfe with Count 1, robbery, as a class B felony; Count 2, robbery, as a class B felony; Count 3, resisting law enforcement, as a class D felony; Count 4, attempted battery, as a class C felony; Count 5, resisting law enforcement, as a class D felony; and Count 6, pointing a firearm at another person, as a class D felony. The State also alleged Wolfe to be an habitual offender.

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Ind. Code

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