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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
Jun 03 2011, 8:31 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: PATRICIA CARESS MCMATH Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ROBERT J. BOSWELL, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1011-CR-1231

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert R. Altice, Jr., Judge Cause No. 49G02-0507-MR-118007

June 3, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Robert J. Boswell ("Boswell") appeals his thirty-year sentence for Voluntary Manslaughter, as a Class A felony,1 presenting the sole issue of whether the sentence is inappropriate. We affirm. Facts and Procedural History On July 10, 2005, Bowell shot and killed his girlfriend, Barbara Carrico, after an argument regarding her decision to end the relationship. Boswell was initially charged with Murder but pled guilty to Voluntary Manslaughter. He received an advisory sentence, which he challenges pursuant to a belated appeal under Indiana Post-Conviction Rule 2. Discussion and Decision Upon conviction of a Class A felony, Boswell faced a sentencing range of twenty years to fifty years, with the advisory sentence being thirty years. See Ind. Code

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