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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 PINNOW Special Assistant to the State Public Defender Greenwood, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MARA McCABE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
TRACY L. LLOYD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 35A04-0607-CR-366

APPEAL FROM THE HUNTINGTON CIRCUIT COURT The Honorable Thomas M. Hakes, Judge Pro Tempore Cause No. 35C01-0512-FB-88

January 10, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Judge

Appellant-defendant Tracy L. Lloyd appeals his sentence for Robbery, a class B felony. 1 Specifically, Lloyd argues that his sentence is inappropriate in light of the nature of the offense and his character. Finding no error, we affirm the judgment of the trial court. FACTS On December 22, 2005, Lloyd entered State Bank of Markle in Warren and approached a teller to inquire about opening a new savings account. After obtaining the requested information, Lloyd approached a different teller, placed a handgun on the counter, and demanded money. The bank teller handed him $1,320, and he exited the bank. On January 3, 2006, Lloyd was charged with class B felony robbery. On March 27, 2006, Lloyd entered into a written plea agreement with the State whereby he agreed to plead guilty as charged and the executed portion of the sentence would not exceed ten years. At the May 15, 2006, sentencing hearing, the trial court found that Lloyd's prior misdemeanor conversion conviction was an aggravating circumstance, stating "[t]hat's a criminal act that is similar in nature [to] the present case in that it consists of [Lloyd] taking something that doesn't belong to [him]." Tr. p. 56. The trial court found Lloyd's guilty plea to be a mitigating circumstance. After balancing the circumstances, the trial court found that the aggravating circumstance outweighed the mitigating circumstance and sentenced Lloyd to fifteen years with five years suspended to probation. Lloyd now appeals.

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