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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: BRUCE W. GRAHAM Graham Law Firm P.C. Lafayette, Indiana

FILED
Sep 26 2008, 10:31 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

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

No. 79A04-0712-CR-746

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Thomas H. Busch, Judge Cause No.79D02-0608-FB-59

September 26, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant David Farrell appeals following his convictions for ten counts of Theft as a Class D felony,1 nine counts of Forgery as a Class C felony,2 one count of Receiving Stolen Property as a Class D felony,3 and the finding that he was a habitual offender. On appeal, Farrell contends that the trial court abused its discretion in admitting certain evidence at trial and that his sentence is inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY I. Facts Relating to Events Occurring on August 8, 2006

On August 8, 2006, Joseph Schrader was working at his jewelry shop when he realized that certain items, including a necklace with a gold coin pendant and a men's diamond ring, were missing. The necklace was eventually recovered from Ram-Z Exchange, a pawn shop located in Lafayette. Randolph Ramsey, the owner of Ram-Z Exchange, identified Farrell as the seller of the necklace. Records retained by Ram-Z Exchange also indicated that Farrell was the seller of the necklace. The men's ring was eventually recovered from the Pawn Store in Crawfordsville. Records retained by the Pawn Store identified Farrell as the seller of the men's ring. Both the necklace and the ring belonged to Jay MacDowell, who had taken the items to Schrader's jewelry shop for repairs.

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Ind. Code

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