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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: DANIEL M. GROVE Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MARA McCABE Deputy Attorney General Indianapolis, Indiana

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

No. 06A01-0509-CR-405

APPEAL FROM THE BOONE SUPERIOR COURT The Honorable Kathy Smith, Special Judge Cause No. 06D01-9511-CF-62

January 30, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Judge

Appellant-defendant Dean Blanck belatedly appeals from the twenty-year sentence imposed by the trial court following his guilty plea to Robbery, 1 a class B felony. Specifically, Blanck argues that the trial court considered an improper aggravating circumstance, failed to consider three mitigating circumstances, and imposed a sentence that is inappropriate in light of the nature of the offense and his character. Finding that the trial court properly sentenced Blanck, we affirm the judgment of the trial court. FACTS On November 4, 1995, Blanck and Joseph Majko robbed the Parkside Pharmacy in Lebanon. Blanck, who was armed with a gun, and Majko stole drugs from the pharmacy and, during the course of the robbery, placed two pharmacy employees in fear. Thereafter, the State charged Blanck with class B felony armed robbery, class D felony theft, and class B felony criminal confinement. On January 29, 1996, Blanck entered into a written plea agreement, in which he agreed to plead guilty to the class B felony robbery charge in exchange for the State's dismissal of the theft and criminal confinement charges. The plea agreement left

sentencing open to the trial court's discretion. That same day, Blanck pleaded guilty to the robbery charge. On August 29, 1996, the trial court held a sentencing hearing. During the hearing, Blanck presented testimony from Marion County Sheriff Department Sergeant Michael Hornbrook, who testified that after Blanck was already incarcerated on the current

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Ind. Code

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