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FOR PUBLICATION
ATTORNEY FOR APPELLANT: SCOTT LEWIS WEBB Anderson, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KATHERINE MODESITT COOPER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Dec 22 2011, 9:10 am

IN THE COURT OF APPEALS OF INDIANA
CARL A. STAPLES, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 48A05-1106-CR-298

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable David A. Happe, Judge Cause No. 48D04-1004-FD-99

December 22, 2011

OPINION - FOR PUBLICATION

FRIEDLANDER, Judge

Carl A. Staples appeals after pleading guilty to and being sentenced for one count of Battery1 as a class A misdemeanor and one count of Pointing a Firearm2 as a class A misdemeanor. Staples presents the following restated issue for our review: Did the trial court abuse its discretion by concluding that Staples had committed a crime of domestic violence thus rendering it illegal for him to possess a firearm? We affirm. The factual basis supporting Staples's guilty plea follows. On March 31, 2010, Madison County police officers responded to Staples's home on a report of a battery involving a weapon. When the officers arrived at Staples's residence, they observed Tamica Burnett loading belongings into a vehicle parked in the driveway. Burnett was a member of Staples's household. Burnett, who was extremely upset, told the officers that Staples had grabbed her by the throat causing pain to her neck and head. After Burnett pushed Staples away, he went into a bedroom to retrieve a firearm. He then pointed the firearm at Burnett. Burnett asked Staples if he was going to shoot her in front of the kids, to which Staples responded, "I don't care." Appellant's Appendix at 38. Staples then fled from the residence with his son. An officer made contact with Staples via cell phone. During that conversation, Staples said, "I am not going back to jail because of some lying bitch." Id. The State charged Staples with battery, pointing a firearm, and neglect of a dependent. After amending the charges, Staples agreed to plead guilty to class A misdemeanor battery

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Ind. Code Ann.

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