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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
Aug 22 2011, 8:30 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MARY SPEARS Gilroy Kammen Hertzel & Moudy Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana

KARL SCHARNBERG
Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MARC VAN ROWLAND, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A02-1010-CR-1161

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Randy J. Williams, Judge Cause No. 79D01-0906-FC-50

August 22, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Marc Van Rowland ("Rowland") appeals his convictions for Attempted Burglary, as a Class C felony,1 and Resisting Law Enforcement, as a Class A misdemeanor,2 and an attendant adjudication that he is a habitual offender. We affirm. Issues Rowland presents several issues for our review, which we restate as: I. Whether admission of Rowlands post-Miranda statement to police was fundamental error requiring reversal of his Attempted Burglary conviction; Whether there was sufficient evidence to support Rowlands conviction for Attempted Burglary; and Whether his sentence is inappropriate and should be revised downward pursuant to Appellate Rule 7(B). Facts and Procedural History In the early morning hours of June 17, 2009, Alex Hwang ("Alex") was spending the night alone in his familys comic book store in a strip mall in Lafayette, where he sometimes slept because of its proximity to the college he attended. Around 1:45 a.m., Alex heard voices, sawing, and metallic banging noises coming from behind the family business. Worried that someone might be breaking into the store, Alex called his mother, Rose Hwang ("Rose"), waking her from sleep. Rose reminded Alex that a new tenant had moved into the

II. III.

1 2

Ind. Code

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