Preview:

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: ADAM M. DULIK Indianapolis, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0512-CR-749

APPEAL FROM THE MARION SUPERIOR COURT The Honorable William Robinette, Master Commissioner Cause Nos. 49G03-0507-FB-116922 49G03-0507-FB-117534 49G03-0508-FB-132667

December 19, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Mark Moore appeals his sentence imposed following his plea of guilty to two counts of robbery as class B felonies and one count of attempted robbery as a class B felony. We affirm. ISSUES 1. Whether the trial court abused its discretion in sentencing Moore by failing to consider various mitigators. 2. Whether the sentence imposed by the trial court was inappropriate in light of the nature of the offenses and character of the offender. FACTS On July 8, 2005, the State charged Moore, under cause number 49G03-0507-FB116922, with: Count 1, attempted robbery as a class B felony; Count 2, attempted robbery as a class B felony; Count 3, theft as a class D felony; Count 4, interfering with reporting a crime as a class A misdemeanor; and Count 5, resisting law enforcement as a class A misdemeanor. 1 All of the charges related to events that occurred on July 7, 2005. On July 11, 2005, the State charged Moore, under cause number 49G03-0507-FB117534, with robbery as a class B felony. 2 The charge related to a robbery that occurred on July 7, 2005.

The attempted robbery charges were charged as class B felonies based upon the fact that Moore was armed with a deadly weapon, i.e., a BB gun. See Ind. Code

Download Mark Moore v. State of Indiana.pdf

Indiana Law