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Michael E. Cook v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 48A04-0607-CR-407
Case Date: 11/30/2006
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: JONATHAN C. GOEHRING Anderson, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

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

No. 48A04-0607-CR-407

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Dennis D. Carroll, Judge Cause Nos. 48D01-0507-FC-210, 48D01-0507-FC-229, and 48D01-0508-FC-249

November 30, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Michael E. Cook ("Cook") appeals the aggregate six-year sentence imposed upon him for his convictions of Robbery, a Class C felony, 1 Theft, a Class D felony 2 and Battery, a Class A misdemeanor. 3 We affirm. Issue Cook presents four issues for review, which we consolidate and restate as a single issue: whether his six-year sentence is inappropriate. Facts and Procedural History On May 29, 2005, Cook entered a CVS Pharmacy located in Pendleton, Indiana. He approached the pharmacy counter with one hand in the pocket of his sweatshirt and shouted at the pharmacist "give me Oxycodone." (Tr. 23.) The pharmacist handed Oxycodone tablets to Cook, who then left the store. On June 7, 2005, Cook stole approximately $45.00 from a desk owned by his landlord, Delaine Wooden of Pendleton. On June 19, 2005, at the Mardi Gras bar in Lapel, Indiana, Cook struck John Kepner in the face, causing bodily injury. On June 30, 2005, the State charged Cook with Battery Resulting in Serious Bodily Injury, a Class C felony. 4 On August 2, 2005, Cook was charged with Burglary, a Class C felony, 5 and Theft, a Class D felony. On August 31, 2005, he was charged with Robbery, a Class C felony. On May 15, 2006, Cook pleaded guilty to Robbery, Theft, and Battery as a
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