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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: CRAIG PERSINGER Marion, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

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

No. 27A02-0607-CR-559

APPEAL FROM THE GRANT SUPERIOR COURT The Honorable Randall L. Johnson, Judge Cause No. 27D02-0501-FC-8

December 19, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Michael Columbus appeals his sentence for burglary as a class C felony. 1 Columbus raises three issues, which we consolidate and restate as: I. II. Whether the trial court abused its discretion in sentencing Columbus; Whether Columbus's sentence is inappropriate in light of the nature of the offense and the character of the offender.

We affirm. The relevant facts follow. On September 7 or 8, 2004, and January 17, 2005, Columbus broke into Chuck's Sewer and Drain, his employer at the time, and stole checks. The checks appeared at local businesses made payable to Columbus and

contained the forged signature of Chuck Poling, the owner of Chuck's Sewer and Drain. The State charged Columbus with two counts of burglary as class C felonies, five counts of forgery as class C felonies, 2 and two counts of theft as class D felonies. 3 Columbus pleaded guilty to one count of burglary as a class C felony, and the State dismissed the remaining counts. The plea agreement stated that the trial court shall determine the sentence "with the only stipulation being that COLUMBUS shall make restitution on all counts charged in this cause number." Appellant's Appendix at 37. The trial court found the following mitigators:

1

Ind. Code

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