Evan Erby v. State of Indiana (NFP)

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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. FILED Jun 16 2008, 8:27 am CLERK of the supreme court, court of appeals and tax court ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEES: MICHAEL P. QUIRK Public Defender Muncie, Indiana STEVE CARTER Attorney General of Indiana SHELLEY M. JOHNSON Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA EVAN ERBY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) No. 18A02-0711-CR-977 APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable Marianne L. Vorhees, Judge Cause No. 18C01-0611-FB-36 June 16, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge Evan Erby appeals his ten-year sentence for Armed Robbery as a Class B felony, contending the sentence is inappropriate because the trial court did not properly weigh the mitigating and aggravating factors. Our Supreme Court specifically rejected this argument in Anglemeyer v. State, 868 N.E.2d 482, 491 (Ind. 2007) ( Because the trial court no longer has any obligation to weigh aggravating and mitigating factors against each other when imposing a sentence, unlike the pre-Blakely statutory regime, a trial court can not now be said to have abused its discretion in failing to properly weigh such factors. ) Affirmed. FRIEDLANDER, J., and BAILEY, J., concur. 2

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