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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: JOSHUA E. LEICHT Kokomo, Indiana

FILED
Apr 07 2011, 8:36 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHAEL L. YATES, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

No. 34A04-1010-CR-606

APPEAL FROM THE HOWARD SUPERIOR COURT The Honorable William C. Menges, Judge Cause No. 34D01-0906-FB-572

April 7, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Defendant Michael L. Yates appeals following his conviction of Class B felony Attempted Armed Robbery.1 Yates contends that the trial court abused its discretion by denying his motion for a continuance and that his twenty-year sentence is inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY At some point, Launden "L-Stone" Luckett met Yates, also known as "Foolish", while living in Chicago. In February or March of 2008, Luckett moved from Chicago to Kokomo with the intent to sell drugs. Yates also moved to Kokomo around that time. Upon arriving in Kokomo, Luckett and Yates started spending time together. On April 4, 2008, Luckett received a phone call from Sean "Fifty" Landrum who informed Luckett that "there was a guy over in Gateway Gardens[2] [who] had some jewelry on [and] had some money." Tr. p. 153. Landrum asked if Luckett and Yates "wanted to get some money." Tr. p. 154. Landrum gave Luckett the apartment number and indicated that he would "leave the door open" for them. Tr. p. 154. Before entering the apartment, Luckett and Yates put on masks in an attempt to disguise themselves. When Luckett and Yates entered the apartment, Landrum, Keith "Evil" Taylor, and Taneka Dunn were upstairs in a bedroom playing a video game, and Shanika Smith was sitting on a couch downstairs. Luckett held his gun to Smith's head while Yates went upstairs to find the intended victim. Dunn attempted to close the bedroom door, but Yates

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Ind. Code

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