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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: DONALD W. PAGOS Michigan City, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Dec 29 2009, 9:26 am

IN THE COURT OF APPEALS OF INDIANA
TRAVIS A. SMITH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 46A04-0903-CR-143

APPEAL FROM THE LaPORTE SUPERIOR COURT The Honorable Kathleen B. Lang, Judge Cause No. 46D01-0711-FA-208

December 29, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Travis A. Smith appeals the twenty-year sentence imposed by the trial court after Smith pleaded guilty to Robbery,1 a class A felony. Smith argues that the sentence is inappropriate. Finding that Smith has waived the argument and that, in any event, he received the statutorily imposed minimum sentence, we affirm. On October 16, 2009, Smith pleaded guilty to class A felony robbery in exchange for the dismissal of another charge. Pursuant to the plea agreement, the parties were free to argue sentencing, but any sentence would be capped at twenty-five years. In exchange for the sentence cap, Smith waived the right to appeal any sentence imposed by the trial court so long as it was within the terms of the plea agreement. On February 5, 2009, the trial court sentenced Smith to twenty-three years incarceration, with five years suspended to probation. A short time later, the trial court re-called Smith into court and informed him that the trial court had imposed an illegal sentence, inasmuch as the minimum twenty-year sentence for the crime of class A felony robbery could not be suspended. Ind. Code

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