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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
Mar 31 2010, 10:03 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DANIEL J. MOORE Laszynski & Moore Lafayette, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana STEPHEN TESMER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LAMARR R. THORNTON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A02-0909-CR-904

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Thomas H. Busch, Judge Cause No. 79D02-0811-FB-56 Cause No. 79D02-0812-FB-62

March 31, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Lamarr R. Thornton ("Thornton") challenges the aggregate twenty-four-year sentence imposed following his plea of guilty to two counts of Burglary, as Class B felonies,1 and four counts of Theft, as Class D felonies.2 We revise the aggregate sentence to twenty years. Issues Thornton presents two issues for review: I. Whether the trial court abused its sentencing discretion by considering dismissed charges as aggravators; and Whether his sentence is inappropriate. Facts and Procedural History On November 12, 2008, under cause number 79D02-0811-FB-56, Thornton was charged with one count of Burglary and five counts of Theft. On December 9, 2008, under cause number 79D02-0812-FB-62, Thornton was charged with one count of Burglary and ten counts of Theft. Thornton and the State entered into a plea agreement, whereby Thornton would plead guilty to the Burglary charges and four counts of Theft. The parties agreed that, consistent with Indiana Code Section 35-50-1-2(d)(B), the sentences imposed for the Burglary counts were to be served consecutively, as Thornton had committed one burglary while released on bond for the other. The theft sentences were to be served concurrently. The trial court accepted Thornton's guilty plea, conducted a sentencing hearing, and imposed an aggregate sentence of twenty-four years (consecutive twelve-year sentences for

II.

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Ind. Code

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