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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
Dec 28 2009, 9:45 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DAVID BECSEY Zeigler Cohen & Koch Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0905-CR-482

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Patricia J. Gifford, Senior Judge Cause No. 49G03-0712-FB-279673 Cause No. 49G03-0712-FB-280073

December 28, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Patrick McGuffin was convicted of two counts of Robbery,1 class B felonies, under Cause No. 49G03-0712-FB-279673 (Cause No. 279673), and one count of Robbery,2 a class B felony, under Cause No. 49G03-0712-FB-280073 (Cause No. 280073). The trial court subsequently sentenced McGuffin to ten years for each conviction under Cause No. 279673 and ordered the sentences served concurrently. The trial court also sentenced McGuffin to ten years for the conviction under Cause No. 280073 and ordered this sentence served consecutive to the sentence in Cause No. 279673. On appeal, McGuffin presents two issues for our review: 1. Did the trial court err in ordering the sentence imposed under Cause No. 280073 to be served consecutive to the sentence imposed under Cause No. 279673? Is McGuffin's sentence inappropriate in light of the nature of the offense and his character?

2.

We affirm. Christina Miller worked as an overnight cashier at the Village Pantry convenience store at the corner of Arlington Avenue and Thompson Road in Indianapolis in the fall of 2007. Around 2:00 a.m. on September 24, 2007, McGuffin entered the store and walked to the candy aisle. McGuffin then brought a candy bar to the cashier's counter and presented Christina with a $5 bill as payment. When Christina looked up to give McGuffin change, McGuffin was holding a butcher's knife and demanded that she give him all of the money in the cash register. Christina complied, and McGuffin walked out of the store.
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Ind. Code Ann.

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