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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: JASON A. CHILDERS Anderson, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

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

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

May 09 2011, 9:29 am

CLERK

No. 48A04-1011-CR-727

APPEAL FROM MADISON CIRCUIT COURT The Honorable Rudolph R. Pyle III, Judge Cause No. 48C01-0910-MR-605

May 9, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Ryan Stamm appeals following his convictions, pursuant to a guilty plea, for Felony Murder (Count I);1 Class D felony Resisting Law Enforcement (Count II);2 Class A misdemeanor Criminal Recklessness (Count III);3 and Class C felony Carrying a Handgun Without a License (Count V),4 for which he received an aggregate sixty-year sentence in the Department of Correction. Upon appeal, Stamm claims that the trial court should not have accepted his guilty plea and that its denial of his motion to withdraw his guilty plea constitutes an abuse of discretion. In addition, Stamm contends that the trial court abused its discretion in its consideration of various aggravating and mitigating factors and that his sentence is inappropriate in light of the nature of his offenses and his character. We affirm. FACTS AND PROCEDURAL HISTORY According to the factual basis entered at Stamms September 3, 2010 plea hearing, on October 24, 2009, Stamm and Jessica Smink agreed that Stamm would acquire some controlled substances, principally Xanax, for her. Stamm, Smink, and one Vincent Brown drove to the home of one Michael Dickey in Pendleton to obtain the drugs. Smink and Brown stayed in the car while Stamm entered Dickeys home. While inside, Stamm helped Dickey count out pills which he later distributed to Smink. At some point Stamm shot Dickey three times, including once in the forehead. Dickey later died of his injuries.
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