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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
Dec 08 2008, 9:58 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: GEORGE A. LEININGER Collins, Hensley & Wynn Madison, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SHELLEY M. JOHNSON Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JEREMIAH MCCOY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 15A01-0804-CR-186

APPEAL FROM THE DEARBORN CIRCUIT COURT The Honorable James D. Humphrey, Judge Cause No. 15C01-0605-FB-18

December 8, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Jeremiah McCoy ("McCoy") asks that we revise his maximum sentence for Burglary, as a Class B felony.1 We affirm. Facts and Procedural History A safe containing a valuable coin collection was taken from a residence in Dearborn County. The State charged McCoy with Burglary, as a Class B felony, Conspiracy to Commit Burglary, as a Class B felony, and Receiving Stolen Property, as a Class D felony. Also, the State alleged that McCoy was a habitual offender. Pursuant to a plea agreement, McCoy admitted that he broke and entered the residence with the intent to commit theft therein. Amended Transcript at 12. McCoy pled guilty to Burglary, as a Class B felony. The State dismissed the other two counts and the habitual offender allegation, and agreed not to file charges based upon residential burglaries alleged to have occurred between February 9 and April 28, 2006. The parties agreed that the trial court could consider the probable cause affidavit in sentencing McCoy. The trial court found McCoy's "substantial juvenile and adult criminal history as a significant aggravating factor." Appendix at 20. Meanwhile, the trial court found three mitigating factors to be of minimal weight: the fact that he was married and had children, his superficial apology to the victim, and his guilty plea. The trial court found the aggravating factor to "significantly outweigh" the mitigating factors, and sentenced McCoy to the maximum sentence of twenty years, to be fully executed.

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Ind. Code

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