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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
Jun 03 2009, 9:13 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JOHN T. EVANS Corydon, 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
DANNY L. WILBERT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 31A05-0809-CR-536

APPEAL FROM THE HARRISON SUPERIOR COURT The Honorable H. Lloyd Whitis, Special Judge Cause No. 31D01-0712-FA-875

June 3, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Danny L. Wilbert ("Wilbert") appeals his aggregate fifty-eight-year sentence for four counts of Burglary, one as a Class A felony, and three as Class C felonies.1 We affirm. Issues Wilbert raises two issues for review: I. Whether the trial court abused its sentencing discretion in the finding of aggravators and mitigators; and Whether Wilberts sentence is inappropriate. Facts and Procedural History On December 17, 2007, the State filed nine charges against Wilbert, alleging that between December 12 and December 13, 2007, Wilbert burglarized four residential garages and committed four thefts and one instance of battery upon homeowner Jerry Crosier ("Crosier"). On June 24, 2008, Wilbert pleaded guilty as charged. Because of double jeopardy concerns, the trial court imposed sentence upon Wilbert for only four counts of Burglary, one as a Class A felony and three as Class C felonies. The Class C felony sentences were to be served concurrently, but consecutive to the Class A felony sentence. Wilbert appeals his aggregate fifty-eight year executed sentence. Discussion and Decision I. Abuse of Discretion The trial court found four aggravating circumstances and no significant mitigating

II.

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Ind. Code

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