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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.

FILED
Aug 29 2011, 9:10 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DOUGLAS S. FOLLOWELL Sullivan, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

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

No. 77A04-1102-CR-127

APPEAL FROM THE SULLIVAN SUPERIOR COURT The Honorable Robert E. Springer, Judge Cause No. 77D01-1004-FB-39

August 29, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary James Falk appeals his sentence for Class B felony burglary and Class D felony theft. We affirm. Issues Falk raises two issues, which we restate as: I. whether the trial court abused its discretion by imposing a sentence consecutive to his sentence for offenses committed in Greene County; and whether his sentence is inappropriate in light of the nature of the offense and the character of the offender. Facts In March 2010, Falk went on a three-county crime spree. On March 12, 2010, Falk stole a vehicle from a car dealership in Morgan County. On March 15, 2010, Falk burglarized a home in Greene County. There, he stole guns, cameras, tools, a video game system, jewelry, keys, and medication. On March 17, 2010, Falk broke into his exgirlfriend`s residence in Sullivan County and stole a gun and money. apprehended on March 22, 2010. In Morgan County, Falk pled guilty to Class D felony auto theft and was sentenced to two years in the Department of Correction. In Greene County, Falk pled guilty to Class B felony burglary, and the trial court sentenced him to eighteen years. The Morgan County and Greene County sentences are concurrent with each other. The instant case involves the Sullivan County burglary. The State charged Falk with Class B felony burglary and Class D felony theft, and Falk pled guilty as charged 2 Falk was

II.

without a plea agreement. At the sentencing hearing, the trial court refused to make Falk`s sentence concurrent with his other sentences because the trial court felt that Falk needed to pay a price for this crime in addition to the other crimes. Tr. p. 56. The trial court gave consideration to Falk`s sincerity and guilty plea and also noted during the sentencing hearing that Falk`s criminal history was terrible. Id. at 54. The trial court sentenced him to ten years for the burglary conviction, which is the advisory sentence, and three years for the theft conviction, which is the maximum sentence. The trial court ordered that the sentences be served concurrent with each other but consecutive to his sentence in the Greene County case. Falk now appeals. Analysis I. Consecutive Sentencing Falk argues that the trial court abused its discretion by ordering that his sentence be served consecutive to his sentence in the Greene County case. Sentencing decisions are within the sound discretion of the trial court. Anglemyer v. State, 868 N.E.2d 482, 490 (Ind. 2007), clarified on reh`g, 875 N.E.2d 218. However, a trial court may be found to have abused its sentencing discretion in a number of ways, including: (1) failing to enter a sentencing statement at all; (2) entering a sentencing statement that explains reasons for imposing a sentence where the record does not support the reasons; (3) entering a sentencing statement that omits reasons that are clearly supported by the record and advanced for consideration; and (4) entering a sentencing statement in which the reasons given are improper as a matter of law. Id. at 490

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