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FOR PUBLICATION
ATTORNEY FOR APPELLANT: DONALD J. DICKHERBER Columbus, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MARA McCABE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOE A. ROBBINS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 03A04-0504-PC-192

APPEAL FROM THE BARTHOLOMEW SUPERIOR COURT The Honorable Chris D. Monroe, Judge Cause No. 03D01-9908-CF-802

December 28, 2005

OPINION--FOR PUBLICATION

BAKER, Judge

Appellant-defendant Joe Robbins appeals from the sentence imposed by the trial court after Robbins pleaded guilty to two counts of Child Molesting, 1 a class B felony. In particular, Robbins argues that his sentence violated the rule announced in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and that his sentence is inappropriate in light of the nature of the offense and his character. Finding that Robbins is not entitled to raise a Blakely challenge and finding that his sentence is appropriate, we affirm the judgment of the trial court. FACTS From February to April 1999, Robbins engaged in sexual intercourse with his daughter, C.R., who was under the age of fourteen, on at least two occasions. On August 5, 1999, the State charged Robbins with two counts of class A felony child molesting, and on November 15, 1999, Robbins pleaded guilty to two counts of class B felony child molesting. Robbins's plea agreement was an "open plea" that gave the trial court discretion as to his sentence. Tr. p. 27-28. Following a sentencing hearing, on December 14, 1999, the trial court sentenced Robbins to twenty years on each count of child molesting, which is the maximum possible sentence for a class B felony. 2 The trial court ordered the sentences to run consecutively, totaling forty years of incarceration. Robbins filed an amended pro se petition for post-conviction relief on July 13, 2000. After the State Public Defender asked for and was granted a stay of proceedings, Robbins

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Ind. Code

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