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ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

MATT RUMBLE STEVE CARTER
Indianapolis, Indiana Attorney General of Indiana

   GEORGE P. SHERMAN
   Deputy Attorney General
   Indianapolis, Indiana


IN THE
COURT OF APPEALS OF INDIANA


DWAYNE L. BEAR, )
Appellant-Defendant, )
)
vs. ) No.  41A01-0604-CR-164
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )


APPEAL FROM THE JOHNSON SUPERIOR COURT
The Honorable Cynthia E. Emkes, Judge
Cause No. 41D02-0411-FD-276



October 5, 2006

MEMORANDUM DECISION - NOT FOR PUBLICATION


BAKER, Judge

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.





Appellant-defendant Dwayne Bear appeals his conviction and three-year sentence for Theft,1 a class D felony.  Specifically, Bear contends that (1) he was not given an opportunity to rebut the claim that he knowingly failed to appear for trial, (2) the trial court erred in finding and balancing aggravating and mitigating factors, and (3) the sentence imposed was inappropriate in light of the nature of the offense and his character.  Concluding that Bear was properly tried in absentia and properly sentenced, we affirm the judgment of the trial court.
FACTS
On October 16, 2004, at approximately 2:38 a.m., Sergeant Brian Blackwell of the Greenwood Police Department was patrolling Emerson Avenue in Johnson County when he observed a small pickup truck exiting the parking lot of a local business.  As Sergeant Blackwell began to follow the truck, he noticed that a white van in the nearby parking lot was missing a rear door.  Sergeant Blackwell pulled behind the pickup truck and saw that a white van door was lying on top of other objects in the rear of the truck.  Sergeant Blackwell initiated a traffic stop and spoke with Bear, who was alone and driving the vehicle.  Bear told Sergeant Blackwell that he had taken the van door.  Sergeant Blackwell escorted Bear back to the van and asked him to reattach the door if possible.  Bear told Sergeant Blackwell it would be easy and reattached the door in less than one minute.  Sergeant Blackwell then noticed that the driver

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