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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
Oct 15 2008, 10:38 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: T. MICHAEL CARTER Scottsburg, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHELLE R. BROWN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 36A05-0803-CR-181

APPEAL FROM THE JACKSON CIRCUIT COURT The Honorable William E. Vance, Judge Cause No. 36C01-0403-FB-29

October 15, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE Michelle R. Brown appeals the sentence imposed after she was convicted of Theft, as a Class D felony, pursuant to a plea agreement. Brown presents a single issue for review: whether her sentence is inappropriate under Indiana Appellate Rule 7(B). We affirm. FACTS AND PROCEDURAL HISTORY In March 2004, Brown and her boyfriend were staying at the home of Harrison Colwell, the boyfriend's friend. 1 Brown's boyfriend was subsequently jailed after a court hearing, and, on March 13, Colwell told Brown that she could no longer stay at the home. Colwell then left the home around one o'clock. When Colwell returned home after ten o'clock that evening, he found that the doorknob to his front door was damaged and would no longer function, someone had gone through the home, and several items were missing. Colwell reported the break-in and theft to police. The items that were missing included a shop vac, two electric saws, jewelry, a leather trench coat, a leather jacket, a black jacket with a silver Nike swoosh that had never been worn, and two four-foot-tall Kenwood speakers. Shortly after midnight, police were again summoned to Colwell's residence. Amanda Akers had returned Brown and the missing items to the residence, and Colwell was restraining Brown until police arrived. Akers, an acquaintance of Brown's, had

In her brief, Brown did not provide these background facts or the nature of the facts underlying her conviction and sentence. We gleaned these facts from the record on appeal. Such facts are necessary to resolve the issue presented on appeal and are required in the Statement of Facts section under Indiana Appellate Rule 46(A)(6). We remind counsel that this court has the authority to dismiss an appeal for flagrant violation of the appellate rules regarding the contents of appellate briefs. See Galvan v. State, 877 N.E.2d 213, 216 (Ind. Ct. App. 2007) (dismissing appeal for wholly inadequate appellant's brief).

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agreed to let Brown stay with her for a few days. But when Brown brought trash bags full of stolen items to Akers' home, Akers rescinded the invitation and drove Brown and the trash bags back to Colwell's. The State charged Brown with burglary, as a Class B felony, and theft, as a Class D felony. Brown later entered into a plea agreement under which she agreed to plead guilty to theft, as a Class D felony; the State agreed to dismiss the burglary charge; and sentencing was to be left to the trial court's discretion. The trial court sentenced Brown to two and one-half years executed in the Indiana Department of Correction, to be served consecutive to sentences imposed in other cases. Brown now appeals. DISCUSSION AND DECISION Brown contends that the trial court placed "great emphasis on [her] having been arrested on twenty-five prior occasions resulting in only eight (8) actual convictions" and that that emphasis "interfered with the trial court's consideration of [her] character . . . to such an extent that the 2

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