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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: ROBERT J. HARDY Thomas & Hardy, LLP Auburn, Indiana

FILED
Jul 23 2008, 8:51 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

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

No. 17A03-0802-CR-65

APPEAL FROM THE DEKALB SUPERIOR COURT The Honorable Kevin P. Wallace, Judge Cause No. 17D01-0609-FB-24

July 23, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Nickolus Stamper appeals the sentence imposed following his plea of guilty to burglary, a class C felony. 1 We affirm. ISSUE Whether the trial court erred in sentencing Stamper.

FACTS On September 13, 2006, Stamper called the residence of his friend, Dawn Scott, in DeKalb County, Indiana. Stamper made a spurious request for roadside assistance. Once Scott left the residence to assist Stamper, Stamper entered Scott's residence without permission, with the intent to steal property. Stamper removed a laptop computer valued at approximately six hundred fifty dollars from the residence. On September 18, 2006, the State charged Stamper with the following offenses: count I, burglary, a class B felony; 2 count II, theft, as a class D felony; 3 count III, receiving stolen property, a class D felony; 4 and count IV, driving while suspended, having prior judgment, a class A misdemeanor. 5

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Ind. Code

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