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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: ANNA E. ONAITIS Indianapolis, Indiana

FILED
Oct 09 2008, 9:05 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEPHEN R. CARTER Attorney General of Indiana Indianapolis, Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
APRIL K. FINCH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 28A05-0805-CR-261

APPEAL FROM THE GREENE CIRCUIT COURT The Honorable Erik C. Allen, Judge Cause No. 28C01-0708-FC-146

OCTOBER 9, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION HOFFMAN, Senior Judge

Defendant-Appellant April K. Finch ("Finch") appeals from the trial court's sentencing order after Finch pleaded guilty but mentally ill to criminal confinement, a Class C felony; and false informing, a Class A misdemeanor. Finch claims that her sentence is inappropriate in light of the nature of the offense and the character of the offender. On June 6, 2007, Detective George Dallaire of the Greene County Sheriff's Department was dispatched to Finch's home after Finch reported that her child had been abducted. When Detective Dallaire arrived, the three-month-old infant had already been discovered lying on a comforter and wrapped in blankets in the trunk of Finch's car. Finch and her child had already been transported to the hospital because the infant, when discovered, was "very hot and sweaty, red faced, [and] possibly dehydrated." Tr. at 30. The infant's clothes were soaked in sweat, she had a dirty diaper, and had vomited. The infant was in the trunk for approximately four to four and one half hours prior to being discovered. As a result of this incident, the State initiated CHINS proceedings against Finch and her husband, who was the child's adoptive father. The CHINS proceedings are not a part of this appeal. However, the State also charged Finch with neglect of a dependent, a Class C felony; criminal confinement, a Class C felony; and false informing, a Class A misdemeanor, which is the subject of this appeal. Finch filed a notice of defense of mental disease or defect and moved the court to appoint two or three psychiatrists to

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examine her. The trial court granted the motion and appointed Dr. Matt Oliver and Dr. Greg Sidell to examine Finch. Ultimately, Finch pleaded guilty but mentally ill to the criminal confinement and false informing charges pursuant to a written plea agreement with the State. The State agreed to dismiss the neglect of a dependent charge. The plea agreement left sentencing open on the criminal confinement conviction, but specified a 90-day sentence with credit for 45 actual days served on the false informing count. The trial court held the change of plea hearing where a factual basis was established, and immediately proceeded to sentencing. The trial court sentenced Finch to six years executed with two years suspended to supervised probation for the criminal confinement conviction, and to a 90-day sentence with credit for 45 actual days served on the false informing count. The trial court ordered that the sentences be served

concurrently pursuant to the terms of the plea agreement. Finch claims that the sentence imposed by the trial court is inappropriate in light of the nature of the offense and the character of the offender. More specifically, Finch argues that the "nature of this offense is troubling but does not warrant a sentence in excess of the advisory." Appellant's Br. at 6. Ind. Code

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