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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: JEFFREY D. STONEBRAKER Chief Public Defender Jeffersonville, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
DUWARD T. ROBY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

Oct 25 2010, 9:23 am

CLERK

No. 10A01-0910-CR-492

APPEAL FROM THE CLARK SUPERIOR COURT The Honorable Vicki L. Carmichael, Judge Cause No. 10D01-0902-FB-47

October 25, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Duward Roby appeals his convictions after a jury trial of four counts of Class B felony robbery and of being an habitual offender.1 He raises four issues: whether it was fundamental error to permit testimony by a State's witness in violation of a pretrial order in limine; whether his sentence was appropriate; whether he could properly be convicted of four robberies when he robbed only one bank but took money from four tellers; and whether a separate sentence should have been imposed for the habitual offender count. We affirm in part, reverse in part, and remand. FACTS AND PROCEDURAL HISTORY Roby, wearing a mask and latex gloves and armed with a gun, entered a bank in Jeffersonville and demanded money from four different tellers. Soon afterward, a resident of a nearby subdivision saw a man carrying a gun and a bag run to a car parked on the street. The man took off a mask as he jumped into the back seat of the car. Police stopped that car and found Roby, the bank's money, a mask, a bag, latex gloves, and a gun. The court granted Roby's motion in limine to prohibit the State's witnesses from testifying they were familiar with Roby from past law enforcement contacts. Roby was found guilty of all four counts of robbery, and he agreed to plead guilty to being an habitual offender. The court entered judgments of conviction on all four robbery counts and sentenced Roby to twenty years on each, with the four sentences to run concurrently. The

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Ind. Code

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