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Slone v. State

Court of Appeals of Indiana

June 13, 2014

ROBERT L. SLONE, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE DeKALB SUPERIOR COURT. The Honorable Monte L. Brown, Judge. Cause Nos. 17D02-1305-FC-13, 17D02-1308-FB-15.

FOR APPELLANT: ADAM C. SQUILLER, Squiller & Hardy, Auburn, Indiana.

FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; RYAN D. JOHANNINGSMEIER, Deputy Attorney General Indianapolis, Indiana.

BRADFORD, Judge. RILEY, J., and ROBB, J., concur.

OPINION

Page 970

BRADFORD, Judge.

CASE SUMMARY

On December 17, 2012, Appellant-Defendant Robert L. Slone broke and entered

Page 971

into the building or structure of Julia Hobbs with the intent to commit theft therein. On April 23, 2013, Slone broke and entered into the building or structure of Elizabeth Walker with the intent to commit theft therein. On May 4, 2013, Slone broke and entered into the building or structure of Merrill Hunter with the intent to commit theft therein. Each of the three break-ins occurred in DeKalb County.

On May 6, 2013, Appellee-Plaintiff the State of Indiana (the " State" ) charged Slone under Cause Number 17D02-1305-FC-13 (" Cause No. FC-13" ) with one count each of Class C felony burglary, Class D felony theft, and Class D felony receiving stolen property. On August 2, 2013, the State charged Slone under Cause Number 17D02-1308-FB-15 (" Cause No. FB-15" ) with one count of Class B felony burglary, one count of Class D felony receiving stolen property, one count of Class C felony attempted burglary, and two counts of Class C felony burglary. The State also alleged that Slone was a habitual offender.

Slone subsequently pled guilty to one count of Class C felony burglary under Cause No. FC-13 and two counts of Class C felony burglary under Cause No. FB-15. The trial court sentenced Slone to an aggregate twenty-four-year sentence. On appeal, Slone contends that the trial court abused its discretion in sentencing him, claiming that the three thefts for which he was convicted arose from a single episode of criminal conduct. We affirm.

FACTS AND PROCEDURAL HISTORY

On December 17, 2012, Slone broke and entered into the building or structure of Julia Hobbs with the intent to commit theft therein. On April 23, 2013, Slone broke and entered into the building or structure, specifically, the garage, of Elizabeth Walker with the intent to commit theft therein. On May 4, 2013, Slone broke and entered into the building or structure of Merrill ...


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