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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: LORINDA MEIER YOUNGCOURT Huron, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

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

No. 15A01-0703-CR-137

APPEAL FROM THE DEARBORN SUPERIOR COURT The Honorable G. Michael Witte, Judge Cause No. 15D01-0208-FA-4

November 9, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

In this appeal following remand by this court for resentencing, AppellantDefendant Michael Green, who was convicted of Class A felony Attempted Robbery (Count I), 1 Class A felony Burglary (Count III), 2 and Class A felony Conspiracy to Commit Burglary (Count IV), 3 challenges the trial court's aggregate sentence of seventyeight years. Green's sole claim on appeal is that the trial court erred in considering his lack of remorse as an aggravator and that, given this claimed error, we should reduce his sentence pursuant to our authority under Indiana Appellate Rule 7(B). We affirm. FACTS AND PROCEDURAL HISTORY This court's opinion in Green's first appeal is instructive as to the underlying facts and procedural history in this case: In Fields v. State, 825 N.E.2d 841, 843 (Ind. Ct. App. 2005), trans. denied, a case involving Green's co-defendant, we dealt with the facts surrounding the case at hand as follows: Prior to August 2, 2002, Fields, Michael Green, Nathan Haas, and Brian Allen agreed to steal money they believed they would find in the home of Larry and Judy Pohlgeers. Green and Haas had allegedly burglarized the same house in 2000. On the evening of August 5, 2002, Fields and Green broke into the house while the other two stood watch outside. Fields beat Mr. Pohlgeers with a bicycle seat post and Green beat Mrs. Pohlgeers with a pipe. The specific factual bases which were entered during Green's plea agreement hearing indicated that, with respect to Count I, attempted robbery, on August 5, 2002, Green aided David Fields, who knowingly attempted to take property from one Larry Pohlgeers by searching his dresser drawer and striking him with a pipe resulting in serious bodily injury to Pohlgeers including pain, lacerations, and contusions. With
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