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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: KIMBERLY A. JACKSON Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana J.T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

FILED
Dec 30 2011, 9:08 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
JEFFREY R. DOUBLE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 53A05-1103-CR-151

APPEAL FROM THE MONROE CIRCUIT COURT The Honorable Mary E. Diekhoff, Judge Cause No. 53C05-0907-FB-571

December 30, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Jeffrey R. Double appeals his six-year sentence for Class D felony auto theft1 and the determination that he is an habitual offender.2 We affirm. FACTS AND PROCEDURAL HISTORY The facts most favorable to Double's conviction are that on July 12, 2009, Double and his girlfriend, Kaitlin Kinser, went to the home of Donald Liston and stole Liston's car. They eventually abandoned it in a Walmart parking lot. The State charged Double with Class B felony burglary3 and Class D felony auto theft, and alleged he was an habitual offender. On August 23, 2010, Double agreed to plead guilty to the Class D felony auto theft charge and habitual offender allegation, and the State would dismiss the Class B felony burglary charge and cap Double's sentence at six years. On November 23, Double attempted to withdraw his guilty plea because he claimed he had been forced by the prosecution to enter the plea. After two hearings and review of the transcript of the plea hearing, the trial court denied Double's request to withdraw his plea. Double then accepted the prior plea agreement. On February 9, 2011, the trial court sentenced Double to three years for Class D felony auto theft, enhanced by three years because Double was a habitual offender. DISCUSSION AND DECISION We may revise a sentence if it is inappropriate in light of the nature of the offense and the character of the offender. Williams v. State, 891 N.E.2d 621, 633 (Ind. Ct. App.
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Ind. Code

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