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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: JOHN C. BOHDAN Deputy Public Defender Fort Wayne, Indiana

FILED
Dec 23 2008, 8:44 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SHELLEY JOHNSON Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
STEPHEN J. MALLORY JR., Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A04-0809-CR-542

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Frances C. Gull, Judge Cause No. 02D04-0801-FB-20

December 23, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Stephen Mallory Jr. appeals following his conviction for Class B felony Robbery1 for which he received a twenty-year sentence in the Department of Correction. Upon appeal, Mallory challenges the sufficiency of the evidence to

support his conviction and claims that his sentence is inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY On January 19, 2008, eighty-six-year-old Marjorie Motherwell was seated in the passenger seat of her vehicle at 704 Rockhill Street in Fort Wayne, where her son Joseph, who had been driving her, had briefly stopped to attend to some errands. As Motherwell waited for Joseph, a black male whom Motherwell later identified to be Mallory approached the passengers side of the vehicle. Mallory, who was wearing black winter gloves, tapped on the window and asked Motherwell for the time by gesturing at his wrist. Motherwell told Mallory that it was 1:30 p.m. Mallory stepped back, out of Motherwells view, but returned shortly thereafter. As Mallory again asked for the time, he pulled out a red-and-amber-colored screwdriver. Sneering at Motherwell and wielding the screwdriver inches from her head and face, Mallory tried to pry open the passengerside window. Mallory ultimately used the screwdriver to break the window, causing the glass to shatter on Motherwell. Mallory grabbed Motherwells purse and ran off. During the weeks prior to the robbery, Mallory, who was known as "Dave," was staying at Monty Wellss apartment at 1309 High Street. Shortly after the robbery, Wells found Motherwells purse underneath some laundry at his apartment. Wells asked his friends Aaron Phovemire and Melody Gardner to "take care" of the purse. Tr. p. 229.
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Ind. Code

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