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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 STEVEN TESMER Deputy Attorney General Indianapolis, Indiana

FILED
Apr 19 2010, 9:48 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
JESSE L. TROXELL, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 24A04-0911-CR-652

APPEAL FROM THE FRANKLIN CIRCUIT COURT The Honorable J. Steven Cox, Judge Cause No. 24C01-0812-FB-776

April 19, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Jesse L. Troxell appeals his sentence for receiving stolen property as a class D felony.1 Troxell raises one issue, which we revise and restate as: I. Whether the trial court abused its discretion in sentencing Troxell; and Whether Troxell'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 October 8, 2008, Troxell knowingly or intentionally received, disposed of, or retained the property of another person that was subject to theft, that being a laptop computer belonging to Tracy Little. On December 1, 2008, the State charged Troxell with burglary as a class B felony. On August 13, 2009, the trial court held a guilty plea and sentencing hearing. At the beginning of the hearing, the court granted the State's oral motion to amend the charge against Troxell from burglary as a class B felony to receiving stolen property as a class D felony, and Troxell pled guilty to receiving stolen property as a class D felony. During the guilty plea portion of the August 13, 2009 hearing, Troxell's counsel stated that Troxell had prior convictions for "driving while suspended and an OWI." See Plea and Sentencing Transcript at 4. The trial court then asked for the State's

recommendation regarding sentencing.2 The State recommended three years with the Indiana Department of Correction, with one year suspended to probation, and restitution
1

Ind. Code

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