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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 12 2008, 8:46 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JANE H. CONLEY Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0712-CR-667

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Mark Stoner, Judge Cause No. 49G06-0705-FB-085194

June 12, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

David Asher appeals his sentence for robbery as a class C felony1 and an habitual offender enhancement.2 Asher raises one issue, which we revise and restate as: I. II. Whether the trial court abused its discretion in sentencing Asher; and Whether Asher's sentence is inappropriate in light of the nature of the offense and the character of the offender.

We affirm. The relevant facts follow. On May 14, 2007, K.Y. was riding his bicycle when Asher approached him and put something hard into K.Y.'s rib area, told K.Y that he had a gun, and ordered K.Y. to give him everything. K.Y. gave Asher his cell phone, an "MP3" player, and his bicycle. Appellant's Appendix at 13. K.Y. ran home and notified his father that he had been robbed. K.Y.'s father dialed the number of the stolen cell phone, spoke to Asher, and offered to buy the phone from Asher. Asher agreed to meet K.Y.'s father in a parking lot. K.Y.'s parents called the police. Asher was arrested at the meeting place a short time later and had K.Y.'s cell phone on him at the time. Asher told the police where K.Y.'s bicycle and "MP3" player were located, but the police could not find them. The State charged Asher with robbery as a class B felony.3 The State also alleged that Asher was an habitual offender. The State later added a charge of robbery as a class

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Ind. Code

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Indiana Law