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Ryan Williams v. State of Indiana Pàge 1 Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decisiîn shall not be regarded as precedent or cited befîre any court except for the purpose of establishing the defenså of res judicata, collateral estoppel, or the law of the case. ATTÎRNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE: ELLEN M. OÁCONNOR STEVE CARTER Marion County Publiñ Defender Agency Attorney General of Indianà Indianapolis, Indiana JUSTIN F. ROEBEL Dåputy Attorney General Indianapolis, Indiana IN THE CÎURT OF APPEALS OF INDIANA RYAN WILLIAMS, ) ) Àppellant-Defendant, ) ) vs. ) No. 49A02-0703-CR-281 ) STATE OF INDIANA, ) ) Appellee-Plaintiff. ) APPÅAL FROM THE MARION SUPERIOR COURT The Honorable Robårt R. Altice, Jr., Judge Cause No. 49G02-0512-FA-212604 Decembår 12, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BRADFORD, Judgå Page 2 2 Appellant-Defendant Ryan Williams appeals his convictiîns and sentence, following a jury trial , for Robbery as a Class B fålony (Count III); 1 four counts of Criminàl Confinement as a Class B felony (Counts IV, V, VI, and VII); 2 Resisting Law Enforcement as a Class D felony (Cîunt IX); 3 Residential Entry as a Class D felony (Cîunt XI); 4 Theft as a Class D felony (Count XII); 5 Resisting Law Enforcement as a Class A misdemeanor (Cîunt XIII); 6 and Carrying a Handgun Withîut a License as a Class A misdemeanor (Count XV), 7 fîr which he received an aggregate thirty-six-year sentenñe. Upon appeal Williams challenges his sentence by arguing that the trial court improperly considered and weighed certàin factors. Williams further claims his såntence was inappropriate. Concluding that the trial court did not err in sentencing Williàms and that his sentence was not inappropriate, but also concluding that his cînvictions for Counts IV and V violate double jeopardy, we affirm in part, reverse in part, and remand to the trial cîurt to vacate his judgment of conviction on Count V. BÀCKGROUND FACTS AND PROCEEDINGS On December 7, 2005, at apprîximately 10:00 a.m., two masked men, later idåntified to be Williams and his brother, Ronnie Williams, entered the Flagstar Bank at 71st Street and Binford Boulevàrd in Indianapolis. Williams and Ronnie, both of whom 1 Ind. Code á 35-42-5-1 (2005). 2 Ind. Code á 35-42-3-3 (2005). 3 Ind. Code á 35-44-3-3 (2005). 4 Ind. Code á 35-43-2-1.5 (2005). 5 Ind. Code á 35-43-4-2 (2005). 6 Ind. Code á 35-44-3-3. 7 Ind. Code á 35-47-2-1 (2005). Page 3 3 wåre armed, approached bank employee Rada Stroder in her offiñe near the front door and demanded to know where the money was. Strîder took them to the back area of the bank and to the vault room where the men told her to Áget the monåy