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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: MICHAEL B. TROEMEL Lafayette, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BARBARA HOLT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A02-0612-CR-1162

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Thomas H. Busch, Judge Cause No. 79D02-0603-FC-16

May 25, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Barbara Holt appeals her sentence for Assisting a Criminal, 1 as a class C felony. Specifically, Holt claims that the trial court abused its discretion in sentencing her to serve four years at the Indiana Department of Correction, in accordance with the advisory sentence for class C felonies. Holt further asserts that her sentence was inappropriate, considering the nature of the offense and the character of the offender. We affirm. This case arises from the murder of Jim Munday by David Hale on February 18, 2006. On the night in question, Holt, Hale, and Munday were drinking and using drugs in a hotel room in Lafayette, Indiana, when Hale stabbed Munday to death. Holt was present in the hotel room during the stabbing, but failed to aid the victim or call police. Holt subsequently lied to police about the incident and accompanied Hale when he disposed of several items from the hotel room where the murder occurred. On March 1, 2006, Holt was charged with class C felony assisting a criminal. Holt subsequently entered into a plea agreement with the State whereby she agreed to plead guilty to assisting a criminal. In exchange, the State agreed to drop any additional charges, as well as a separate class D felony theft charge which was pending against Holt under a different cause. The State further agreed not to argue for an executed sentence, or for any specific length of sentence. On July 25, 2006, Holt pleaded guilty pursuant to the plea agreement. At the subsequent sentencing hearing held on August 23, 2006, the trial court sentenced Holt to

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Ind. Code Ann.

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