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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
Jul 22 2009, 10:40 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JOHN PINNOW Greenwood, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana HENRY A. FLORES, JR. Deputy Attorney General Indianapolis, Indiana

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

No. 11A01-0902-CR-53

APPEAL FROM THE CLAY CIRCUIT COURT The Honorable Ernest E. Yelton, Judge Cause No. 11C01-9806-CF-043

July 22, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BROWN, Judge

Matthew Hutchinson appeals his sentence for murder.1 Hutchinson raises one issue, which we revise and restate as whether his sentence is inappropriate in light of the nature of the offense and the character of the offender. We affirm. In June 1998, Hutchinson and a friend drove to Matt Selsams house to obtain methamphetamine, but Selsam did not have any. Selsam asked Hutchinson and his friend "if [they] wanted to go for a ride. He wanted to show [them] something." Transcript at 16. Selsam drove Hutchinson and his friend by the house of Dan Miller. Selsam previously rented from Miller. Selsam told Hutchinson that there were drugs and money in Millers house and that Selsam "was trying to find somebody to help him rob it because he needed the money." Id. at 17. Approximately three or four days later, James Barrett asked Hutchinson if he knew where he could get or make some money. Hutchinson told Barrett he would put him in touch with somebody, and Hutchinson drove Barrett and Norman Johnson, Barretts cousin, to meet Selsam. Hutchinson, Barrett, and Johnson met with Selsam and one of Selsams friends, Jerry West. Selsam discussed the idea of robbing Millers house with Barrett and Johnson while Hutchinson was present. Selsam said that he "wanted the pot and the money and the motorcycle," and "told ,,em where the stuff was supposed to be and . . . said there wasnt no dogs, told us the guy didnt have no guns or nothin, that there wouldnt be no problem, just go in and more or less tie him up and take--take what
Ind. Code

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