This section contains the nature of the case and procedural background.

Over a three-month period, D burglarized remote residences and stole several items including boats, an outboard motor, and firearms. D forged a check made payable to himself and purportedly signed by one of the victims. The grand jury indicted D on nine felony counts. A plea agreement called for D to plead to three class C felonies: second-degree theft; second-degree forgery; and second-degree burglary. P agreed not to pursue any aggravating factors, and the parties agreed not to restrict the court's power to impose the sentences on any count concurrent with or consecutive to any other count. D faced a presumptive 3-year term on each count because he had five prior felony convictions. The maximum for each offense was five years. The Court imposed a 9-year term with three years suspended. D appealed arguing that the consecutive sentences of 6 years totaled more than the five years for the most serious offense.

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