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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: ANN M. SUTTON Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LESTER ROWE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0702-CR-129

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert Altice, Judge Cause No. 49G02-0410-FB-193688 Cause No. 49G02-0410-FC-193996 Cause No. 49G02-0410-FB-195403

August 22, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Lester Rowe ("Rowe") belatedly appeals his 2005 sentence of twenty years after pleading guilty to two counts of Robbery, one as a Class B felony and the other as a Class C, 1 Unlawful Possession of a Firearm by a Serious Violent Felon, a Class B felony, 2 Attempted Robbery, a Class C felony, 3 and a Habitual Offender allegation. 4 We affirm. Issue Rowe raises the issue of whether his sentence is inappropriate. Facts and Procedural History On September 14, 2004, Rowe entered an O'Charley's restaurant, armed with a ninemillimeter handgun, and demanded money from the establishment's safe. The employees yielded to Rowe's demand, giving him over a thousand dollars. On October 16, 2004, Rowe entered a PayLess Shoe Store with a gun and demanded the money in the cash register. Although Rowe had a gun, no one in the store saw it. Again, Rowe was given money, which amounted to approximately one hundred dollars. Finally, on October 17, 2004, Rowe walked into a Popeye's Chicken restaurant and asked the cashier whether their chicken fingers were fresh. After receiving an affirmative answer, Rowe demanded the money in the cash register, telling the cashier that he had a gun and "didn't want it to be a murder." Trial Transcript at
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