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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: DAVID BECSEY Ziegler Cohen & Koch Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
TYRONE GRAYSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0704-CR-347

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Heather Welch, Magistrate Cause No. 49G01-0108-CF-164749

December 28, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Tyrone Grayson appeals his sentence for Class B felony attempted robbery and Class B felony unlawful possession of a firearm by a serious violent felon. We affirm. Issue Grayson raises two issues, which we consolidate and restate as whether he was properly sentenced. Facts On August 8, 2001, Grayson and another person entered a bank on Meridian Street in Indianapolis. Grayson was armed with a loaded semi-automatic weapon. Grayson produced the gun and announced that they were robbing the bank. A number of

employees saw the gun, ducked behind the counter or their desks, and pushed alarm buttons. Indianapolis Police Officer Steve DeBois, who was working as a security guard for the bank, was in the back of the bank. Grayson pointed his gun in the direction of Officer DeBois and tried to pull the trigger. Officer DeBois drew his own weapon and shot at Grayson and his companion. The two turned and fled the bank. Grayson was struck by a bullet and apprehended in the parking lot. Grayson's companion was never identified or apprehended. On August 13, 2001, the State charged Grayson with Class A felony attempted murder, Class B felony attempted robbery, Class B felony unlawful possession of a firearm by a serious violent felon, two counts of Class D felony pointing a firearm, and Class A misdemeanor carrying a handgun without a license.

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On August 16, 2002, Grayson pled guilty to Class B felony attempted robbery and Class B felony unlawful possession of a firearm by a serious violent felon. In exchange for his guilty plea, the State dismissed the remaining charges. The plea agreement also called for Grayson's executed sentence to be capped at thirty years. On October 4, 2002, a sentencing hearing was held. The trial court sentenced Grayson as follows: [T]he Court will accept your Plea of Guilty as charged to Count Two, Attempt Robbery, as a Class B felony. On that Count, the Court is going to consider as aggravating your criminal history. The fact that you have a conviction for Robbery in March of 1998, where you received ten (10) years, six executed, four (4) years suspended. You were released from the Department of Corrections September 21, 2000. The Court will consider as aggravating the fact that you have a second felony conviction, April 15th, 1998 for Altering Original Special ID Number, and on that felony

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