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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: RANDY M. FISHER Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CHARLES E. WHITE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A05-0612-CR-705

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Frances C. Gull, Judge Cause No. 02D04-0007-FA-31

November 28, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Charles White appeals his convictions and sentences for criminal deviate conduct as a class A felony, 1 strangulation as a class D felony, 2 and domestic battery as a class A misdemeanor. 3 White raises two issues, which we revise and restate as: I. Whether his convictions for criminal deviate conduct and domestic battery violate the Fifth Amendment's prohibition against double jeopardy; Whether the trial court abused its discretion in sentencing White; and Whether his sentence is inappropriate in light of the nature of the offense and the character of the offender.

II.

III.

We affirm. The relevant facts follow. M.W. had been married to White for about a month when White, M.W., and White's four-year-old son, E.W., moved from Minnesota to Fort Wayne, Indiana. On the drive, White threatened M.W. with a box cutter and punched her on the mouth. After arriving in Fort Wayne, on July 1, 2006, White accused M.W. of stealing his cell phone. He pushed her and then put his hands around her neck and choked her until she could not breathe. White then punched her in the stomach, hit her on the face, pushed her into the wall, and left the room.

1

Ind. Code

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