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ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

MICHAEL P. QUIRK STEVE CARTER
Muncie, Indiana Attorney General of Indiana

   MICHAEL GENE WORDEN
Deputy Attorney General
Indianapolis, Indiana
  

IN THE
COURT OF APPEALS OF INDIANA



JAMES C. CALDWELL, )
Appellant-Defendant, )
)
vs. ) No. 18A02-0704-CR-334
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
  

APPEAL FROM THE DELAWARE CIRCUIT COURT
The Honorable Marianne L. Vorhees, Judge
Cause No. 18C01-0610-FD-141




October 25, 2007


MEMORANDUM DECISION - NOT FOR PUBLICATION


CRONE, Judge
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.






James Caldwell appeals his sentence for class D felony theft.  We affirm.  
On October 10, 2006, Caldwell stole two thirty-dollar MP3 players from a Family Dollar store in Muncie.  He was apprehended shortly after leaving the store.  At that time, he was on parole from a prior robbery conviction.  On March 1, 2007, Caldwell pled guilty to class D felony theft pursuant to a plea agreement, the terms of which called for an eighteen-month cap on the theft sentence, to be served consecutive to the sentence in the case for which he was on parole when he committed the theft.  At the April 2 sentencing hearing, Caldwell requested a suspended sentence and probation.  The trial court imposed the advisory sentence of eighteen months, to be fully executed.  
Caldwell contends that his sentence is inappropriate.  Indiana Appellate Rule 7(B) states that

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