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Todd N. Martin v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 02A03-0805-CR-264
Case Date: 12/19/2008
Preview: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 19 2008, 9:37 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JEFFREY G. RAFF Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

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

No. 02A03-0805-CR-264

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable John F. Surbeck, Jr., Judge Cause No. 02D04-0711-FB-167

December 19, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Following a jury trial, Todd Martin was convicted of Class B felony robbery and Class C felony carrying a handgun without a license and was sentenced to concurrent terms of fifteen years and four years in the Department of Correction. Martin now appeals his convictions and aggregate sentence, arguing that the evidence is insufficient to support his convictions and that his aggregate fifteen-year sentence is inappropriate in light of the nature of the offenses and his character. Martin has waived these challenges by failing to present cogent arguments. Waiver notwithstanding, we conclude that the evidence is sufficient and that Martin's sentence is not inappropriate. We therefore affirm. Facts and Procedural History On November 15, 2007, Marc Brooks began his early-morning newspaper route in Fort Wayne. Martin, who Brooks did not know, approached him. Martin put a gun near Brooks's face, and Brooks believed that he "was about to die." Tr. p. 18. Martin ordered Brooks to place his hands on the seat of a car and took Brooks's wallet and money. Id. at 18-19. Martin then fled in a vehicle. Brooks immediately reported the incident, and police stopped Martin in the area. Police found Brooks's wallet in plain view in Martin's car and a gun beneath the driver's seat. Id. at 38-39. Police determined that Martin did not have a permit for the gun. Id. at 48. Brooks identified Martin at the scene of the traffic stop. Id. at 21-22.

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The State charged Martin with Class B felony robbery1 and Class C felony carrying a handgun without a license.2 After a jury trial, Martin was convicted as charged. Following a sentencing hearing, the trial court sentenced him to concurrent terms in the Department of Correction of fifteen years for the Class B felony conviction and four years for the Class C felony conviction. Martin now appeals his convictions and sentence. Discussion and Decision Martin appeals his convictions and aggregate sentence. On appeal, he makes two arguments. First, he argues that the evidence is insufficient to support his convictions. Second, he argues that his aggregate fifteen-year sentence is inappropriate in light of the nature of the offenses and his character. I. Sufficiency of the Evidence Martin challenges the sufficiency of the evidence to support his convictions. When reviewing a claim of insufficiency of the evidence, we do not reweigh the evidence or judge the credibility of witnesses. Jones v. State, 783 N.E.2d 1132, 1139 (Ind. 2003). We look only to the probative evidence supporting the judgment and the reasonable inferences from that evidence to determine whether a reasonable trier of fact could conclude the defendant was guilty beyond a reasonable doubt. Id. Martin's argument that the evidence is insufficient to support his convictions consists of only two sentences and contains no citations to the record or relevant

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