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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 29 2011, 9:14 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: KIMBERLY A. JACKSON Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

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

No. 60A04-1106-CR-358

APPEAL FROM THE OWEN CIRCUIT COURT The Honorable Frank M. Nardi, Judge Cause No. 60C01-0912-FB-27

December 29, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Thomas J. Tarrance belatedly appeals his sentence, following a guilty plea, for armed robbery as a class B felony.1 We reverse and remand with instructions to enter a revised sentence. ISSUE Whether the trial court erred in sentencing Tarrance. FACTS On November 25, 2009, then twenty-year-old Tarrance and his friend, Phillip Pate, made a plan to rob Casey's General Store in Owen County; they agreed that Tarrance would go inside to rob the store and that Pate would drive the getaway car. Tarrance and Pate first drove to a parking lot near the store where they used various drugs, including Klonopin, Xanax, Valium, Lortab, Percocet and marijuana. Next,

Tarrance--dressed all in black, wearing a ski mask, and armed with a handgun, although unloaded--went into Casey's General Store and demanded money from the store's clerks. After the clerk gave Tarrance approximately $400, he left the store, got into the getaway car, and sped away with Pate. Two days later, he and Pate went to a gas station in Monroe County, where Pate acted as the masked gunman and robbed the gas station, while Tarrance acted as the getaway driver. The following day, Tarrance and Pate robbed another gas station in Monroe County. For this robbery, Tarrance, while masked and dressed in black, entered

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Ind. Code

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