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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: JOHN C. BOHDAN Deputy Public Defender Fort Wayne, Indiana

FILED
Dec 19 2008, 9:35 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOHNNIE LAMONTE WALKER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A03-0808-CR-397

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable John F. Surbeck, Jr., Judge Cause No. 02D04-0702-FA-17

December 19, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Johnnie L. Walker appeals his sentence, pursuant to a guilty plea, for the following eleven felony offenses: one count of burglary as a class A felony; 1 one count of burglary as a class B felony;2 four counts of robbery as class B felonies; and five counts of criminal confinement as class B felonies. We affirm. ISSUE Whether Walkers sentence is inappropriate pursuant to Indiana Appellate Rule 7(B). FACTS A week before the incidents, Austin Knight and Malcolm Ellis stole pass keys from the main office of an apartment complex in Fort Wayne, Indiana. At approximately 2:40 a.m. on February 19, 2007, Walker, Ellis, Knight, and Antonio Wright used the stolen pass keys to enter the apartment of Beatriz Main-Ward. Main-Ward was asleep when the men entered. Each man was armed with a firearm or pellet gun. The men bound Main-Ward and gagged her with a rag. Then, they ransacked her apartment and stole cash and personal property, including a DVD player, a stereo, and a television. During the episode, Main-Ward was shot at least ten times in her thigh with a pellet/BB gun. One of the men also shot and killed Main-Wards goldfish.
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