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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 J. MOORE Lazynski & Moore Lafayette, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANDREW FALK Deputy Attorney General Indianapolis, Indiana

FILED
Dec 30 2011, 9:23 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 79A04-1012-CR-800

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Thomas H. Busch, Judge Cause No. 79D02-0907-FB-28

December 30, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Edward Mercer appeals his conviction of and sentence for two counts of Class B felony robbery while armed with a deadly weapon.1 He argues the evidence was insufficient to support his conviction, his convictions subject him to double jeopardy, and his sentence is inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY On July 1, 2009, Jarrod Rodriguez asked his father, Eugene Hall, to drive him and Mercer to Lafayette, Indiana in exchange for $100.00 and gas money. The purpose of the trip was to buy "some brand new 24 inch davins ss3 with 255/30 tires,"2 (State's Ex. 15) (errors in original), from Cortney Robinson and Kyle Bostic. Rodriguez, Hall, and Mercer arrived in Hall's van. Robinson and Bostic were in a Chevrolet Tahoe. Rodriguez and Mercer exited the van and met with Robinson and Bostic. After determining the rims would fit the van's wheels, the parties agreed on a price of $3,100.00. The five men, including Hall, loaded the rims into the van. Hall then returned to his driver's seat. Rodriguez handed the money to Robinson, who gave half of the money to Bostic. While Robinson and Bostic were counting their money, Mercer came up behind Bostic and put a gun to his neck and said, "Give me the MF'n money." (Tr. at 264.) Rodriguez also pulled a gun, pointed it at Robinson's face, and demanded money. Robinson gave Rodriguez

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