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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: ATTORNEYS FOR APPELLEE:

PATRICIA CARESS McMATH GREGORY F. ZOELLER
Indianapolis, Indiana Attorney General of Indiana
   Indianapolis, Indiana
  
   IAN McLEAN
   Deputy Attorney General
   Indianapolis, Indiana

  

IN THE
COURT OF APPEALS OF INDIANA



JACOB I. POWELL, )
)
Appellant-Defendant, )
)
vs. ) No. 24A01-0811-CR-546
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )



APPEAL FROM THE FRANKLIN CIRCUIT COURT
The Honorable J. Steven Cox, Judge
Cause No. 24C01-0601-FB-072



JULY 14, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

HOFFMAN, Senior Judge
Jacob Powell appeals his conviction by jury of burglary as a class B felony as well as his twenty-year sentence thereon.  We affirm.
Powell raises the following issues for our review:
I. Whether fundamental error occurred at trial; and

II. Whether his sentence is inappropriate.


The facts most favorable to the verdict reveal that on December 1, 2005, as Leah McCool was leaving her rural Franklin County home to run errands, she noticed an unfamiliar car being driven past her home.  When she returned home about an hour later with two of her four children, McCool noticed that the back door of the house had been forcibly opened.  The interior of the house was in a shambles.  Cupboards were open, baskets were flipped over, and drawers were pulled out and dumped upside down.  McCool subsequently realized that audio and video equipment, computers, clothing, jewelry, collectible items, and wrapped Christmas presents had been stolen from the home.  
One month later, forty-five-year-old Larry Ailes was arrested for a drug offense in Ohio.  As a result of the arrest, Ailes

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