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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 22 2008, 9:14 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ADAM C. SQUILLER Taylor and Squiller, P.C. Auburn, Indiana

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

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

No. 76A03-0805-CR-248

APPEAL FROM THE STEUBEN SUPERIOR COURT The Honorable William C. Fee, Judge Cause No. 76D01-0708-FC-910

December 22, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Ronald Price appeals his twelve-year sentence imposed following his guilty plea to two counts of class C felony burglary,1 arguing that his sentence is illegal and that the trial court erred in failing to consider suspending part of his sentence. We affirm. Sometime during the late evening hours of August 12, 2007, and the early morning hours of August 13, 2007, Cassie Green was driving a vehicle in which Arthur and Shannon Marler and Price were passengers. At Bakers Acres in Angola, Price told Green to stop, and he and Arthur got out of the car. Price broke into Bakers Acres, and he and Arthur took $450.00, two-way radios, and a laptop computer. Thereafter, Donald Studebaker joined the group. Green drove to Jim Murdocks "pole building." Appellants App. at 57. Price, Arthur, and Studebaker got out of the car and went to the building, and Price broke into the building. They took Murdocks mini-bike. On August 14, 2007, the State charged Price with class C felony burglary of the pole building. On September 11, 2007, the State charged Price with class C felony burglary of Bakers Acres and with being a habitual offender. On December 10, 2007, Price and the State entered into a plea agreement, which provided for Price to plead guilty to two counts of class C felony burglary and "[a] term of imprisonment of [] 6 years each countconsecutive or concurrent." Id. at 13. The terms of the plea agreement that would have permitted a portion of the sentence to be suspended were lined out. Id. The State agreed to dismiss the habitual offender count. On May 5, 2008, the

1

See Ind. Code

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