Preview:

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: CHARLES E. STEWART, JR. Crown Point, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
EDWARD A. HARPER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A03-0609-CR-416

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Diane Ross Boswell, Judge Cause No. 45G03-0603-FB-32

June 26, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Edward A. Harper appeals his sentence for burglary as a class C felony. 1 Harper raises one issue, which we restate as whether his seven-year sentence is inappropriate in light of the nature of the offense and the character of the offender. 2 We affirm. The relevant facts follow. On March 9, 2006, Harper and another person were seen loading a television set onto a truck near the residence of Leonel Ramirez. A neighbor also saw that Ramirez's door was standing open and called the police. Ramirez found that his television, stereo, two gold necklaces with religious icons, five credit cards, and several coins were missing. The police located the truck at a gas station and saw, in plain view, one of the stolen items. At the time Harper was arrested, he had one of the stolen credit cards on his person. The State charged Harper with burglary as a class B felony. 3 Harper agreed to plead guilty to burglary as a class C felony, and the State agreed to refrain from filing an habitual offender enhancement. At the sentencing hearing, the trial court found two aggravators, Harper's criminal history and his probation violations. The trial court also found two mitigators, his guilty plea and remorse. However, the trial court found that the aggravators outweighed the mitigators and sentenced Harper to seven years in the Indiana Department of Correction.

1

Ind. Code

Download Edward A. Harper v. State of Indiana.pdf

Indiana Law