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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: PATRICIA CARESS MCMATH Indianapolis, Indiana

FILED
Dec 16 2008, 9:56 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Special Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
STEVEN N. GOODMAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 68A01-806-CR-304

APPEAL FROM THE RANDOLPH CIRCUIT COURT The Honorable Jay L. Toney, Judge Cause No. 68C01-0612-FC-74

December 16, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Steven N. Goodman appeals his convictions for Burglary, 1 a class C felony, and Theft,2 a class D felony. Goodman argues that: (1) the trial court erroneously admitted evidence that was obtained during a traffic stop that allegedly violated Goodman's rights under the United States and Indiana Constitutions; and (2) the prosecutor committed misconduct by making certain statements during closing argument. Goodman also argues that the aggregate eight-year sentence is inappropriate in light of the nature of the offenses and Goodman's character. Finding no error, we affirm. FACTS At 5:30 a.m. on December 5, 2006, Jane Zell opened her back door to allow her dog to go outside. Zell was employed by the No. 1 Liquor Store (the Store), which was located just two houses away from her Winchester residence. That morning, Zell saw two people preparing to enter an older-style, light-colored Buick with a dark top that was parked at an odd angle in front of the Store, which was closed for business. Zell often saw cars at the store during off hours because patrons used the soda machines located outside the business, so she was not alarmed when she observed the Buick. At 8:30 a.m., a Winchester Police officer discovered that the Store's front door had been forced open. Further investigation revealed that the store had been ransacked, a lottery machine had been broken, and that eight cases of Crown Royal liquor, rolls of coins, and numerous cartons and single packs of cigarettes had been taken from the store.

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