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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: STEVEN KNECHT Vonderheide & Knecht Lafayette, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JERRY LYNN McCLURE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A02-0609-CR-818

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Thomas H. Busch, Judge Cause No. 79D02-0601-FA-1

August 23, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Jerry Lynn McClure appeals his sentence for robbery resulting in serious bodily injury as a class A felony 1 and being an habitual offender. 2 McClure raises two issues, which we revise and restate as: I. Whether the trial court abused its discretion in sentencing McClure; and Whether McClure's sentence is inappropriate in light of the nature of the offense and the character of the offender.

II.

We affirm. The relevant facts follow. On January 17, 2006, McClure went to a store in Lafayette armed with a knife with the intent to rob someone. McClure selected Phyllis Washington as his victim because she was older and he believed she would be easier to rob than a man or a younger woman. McClure confronted Washington, stabbed

Washington in an attempt to get her purse, and took her purse. Washington suffered serious bodily injury as a result of the attack. The State charged McClure with attempted murder as a class A felony, 3 robbery resulting in serious bodily injury as a class A felony, aggravated battery as a class B felony, 4 battery resulting in serious bodily injury as a class C felony, 5 theft as a class D

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Ind. Code

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