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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: GARY L. GRINER Mishawaka, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTHUR THADDEUS PERRY Special Deputy Attorney General Indianapolis, Indiana

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

No. 20A04-0704-CR-202

APPEAL FROM THE ELKHART CIRCUIT COURT The Honorable Terry Shewmaker, Judge Cause No. 20C01-0301-MR-9

November 13, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary Ernesto Sanchez appeals the sentence imposed following his guilty plea to felony murder. We affirm. Issues Sanchez raises one issue, which we divide and restate as follows: I. Whether the trial court abused its discretion in failing to assign significant mitigating weight to his lack of criminal history and guilty plea; and Whether his sentence is inappropriate in light of the nature of the offense and his character. Facts and Procedural History On January 8, 2003, Sanchez and Ricardo Sanchez went to the home of Robert Earl Smith to collect a debt. Appellant's App. at 17. Sanchez had given Smith one and threequarter pounds of methamphetamine, and Smith owed him $6000. Id. at 88. The three got into an argument, and Sanchez pulled out his gun. Id. at 18. Sanchez shot a hole in the living room floor to show Smith that he was serious. Id. at 89. Smith pulled out his gun. Sanchez shot Smith five to six times. Id. Sanchez then grabbed Ricardo's gun and shot Smith two more times. Id. Sanchez and Ricardo fled to New York, throwing their guns out the car window somewhere along the way. On January 16, 2003, the State charged Sanchez with felony murder. 1 On April 3, 2003, Sanchez pled guilty as charged without a plea agreement. On May 1, 2003, the trial court held a sentencing hearing. The trial court's written sentencing order provides,
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II.

Ind. Code

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