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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
May 07 2008, 10:59 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: CARA SCHAEFER WIENEKE Indianapolis, 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
JULIE BOSLEY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-0710-CR-581

APPEAL FROM THE MARION SUPERIOR COURT The Honorable John W. Hammel, Judge Cause No. 49F24-0704-FD-56019

May 7, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Statement of the Case Julie Bosley appeals the trial court's restitution order following her conviction of Theft, as a Class D felony. 1 We affirm. Issue Bosley raises one issue: whether the trial court acted within its discretion when it ordered restitution to the victim in the amount of $3400. Facts and Procedural History Douglas Lieland received $1800 in cash from a couple to purchase materials for a chain link fence he had agreed to install for them. Lieland placed the cash in a manila envelope and tucked it between a console and seat in a truck he was driving. Later that day, while Lieland performed mechanical repairs on Bosley's vehicle, Bosley cleaned the interior of the truck and took the money. Bosley was charged with and convicted of theft. At the sentencing hearing, Lieland testified that, to "replace" the $1800 needed to complete the "fence job," he "had to sell two of [his] own personal vehicles" worth $3450 for $1800. Tr. 72. The trial court sentenced Bosley to 545 days of home detention and ordered restitution to Lieland in the amount of $3400. 2 Bosley appeals the restitution order. Discussion and Decision Standard of Review

1

Ind. Code

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Indiana Law