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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: MARK EVERETT WATSON Terre Haute, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Aug 21 2009, 9:17 am

IN THE COURT OF APPEALS OF INDIANA
RANDY L. REEDY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 84A01-0901-CR-33

APPEAL FROM THE VIGO SUPERIOR COURT The Honorable Michael J. Lewis, Judge Cause No. 84D06-0609-FA-2878

August 21, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary Randy L. Reedy appeals his convictions and sentence for class B felony robbery resulting in bodily injury and class C felony battery resulting in serious bodily injury. We affirm. Issues We reorder and restate the issues as follows: I. II. Is Reedy entitled to relief on his double jeopardy claim? Did the trial court abuse its discretion by failing to consider certain mitigating factors? Is Reedy's twenty-four-year aggregate sentence inappropriate in light of the nature of the offenses and his character? Facts and Procedural History Early in the morning on August 23, 2006, Reedy and Patsy Hoffman went to the home of sixty-four-year-old Kenny Hayne. Hoffman, an acquaintance of Hayne, knocked on the door. When Hayne opened the door, Reedy struck him and knocked him down. When Reedy and Hoffman entered the house, Hoffman repeatedly kicked Hayne in the head. Reedy took Hayne's television, and Hoffman later sold it for forty dollars. Hayne sustained multiple facial and skull fractures from the attack. He also suffered such severe brain damage that he was no longer able to care for himself. His mental capacity was reduced from that of a normal adult to that of an eight- to twelve-year-old child. On August 29, 2006, the State charged Reedy with class A felony robbery resulting in serious bodily injury and class B felony aggravated battery. The trial court held a hearing on

III.

2

November 3, 2008, at which Reedy entered an open plea agreement, pleading guilty to class B felony robbery resulting in bodily injury and class C felony battery resulting in serious bodily injury. As part of the agreement, the State agreed to dismiss a felony theft charge against Reedy.1 The trial court accepted Reedy's guilty plea and sentenced him to

consecutive terms of eighteen years for robbery and six years for battery. This appeal ensued. Additional facts will be provided as necessary. Discussion and Decision I. Double Jeopardy Reedy contends that his convictions and consecutive sentences2 for class B felony robbery and class C felony battery violate his constitutional protection against double jeopardy. Because Reedy pled guilty, he has waived his right to challenge his convictions on double jeopardy grounds. See Lee v. State, 816 N.E.2d 35, 40 (Ind. 2004) (stating "defendants who plead guilty to achieve favorable outcomes give up a plethora of substantive claims and procedural rights, such as challenges to convictions that would otherwise constitute double jeopardy").3 II. Mitigating Factors

1

Reedy also had a pending felony theft charge in Spencer County.

To the extent Reedy frames his double jeopardy challenge in terms of the trial court's imposition of consecutive sentences, we note that the trial court had the discretion to enter consecutive sentences in this case and that the twenty-four-year aggregate term was within the limits of the sentencing statute. Ind. Code

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