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FOR PUBLICATION
ATTORNEY FOR APPELLANT: T. EDWARD PAGE Cohen and Thiros, PC Merrillville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

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

No. 45A03-0702-CR-85

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Salvador Vasquez, Judge Cause No. 45G01-0605-FB-50

November 28, 2007

OPINION - FOR PUBLICATION

FRIEDLANDER, Judge

Gerald A. Rickert appeals his conviction for Robbery While Armed with a Deadly Weapon, 1 a class B felony, as well as his sentencing enhancement for being a habitual offender. Rickert presents the following restated issues for review: 1. Did the State present sufficient evidence to support his robbery conviction? Did the trial court improperly sentence Rickert with respect to his habitual offender enhancement?

2.

We affirm. On the afternoon of April 28, 2006, Rickert entered a Clark Oil gas station and pointed a handgun 2 at the cashier, Jennifer Smith. He ordered Smith to quickly give him all the money in the register, and she handed him approximately $750 out of the register. Smith complied because he was pointing a gun at her. Within fifteen to twenty seconds, Rickert ordered Smith to go to the back room, where a small office was located. She complied, once again, because of the gun pointed directly at her and because she was "afraid what would happen, especially when he walked away." Trial Transcript at 118. After waiting in the back room for a few seconds, Smith looked out and then ran to the front door to lock it so that she could call the police. At that time, the manager of the gas station, Judi Beaver, drove into the parking lot. Smith, who appeared "frazzled", "emotional", and "all jumpy", ran out to Beaver and reported the robbery. Id. at 43. They then went into the store together and called 911.

1

Ind. Code Ann.

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