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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 Marion County Public Defender Agency Indianapolis, Indiana

FILED
Sep 23 2008, 9:18 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0706-CR-314

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Nancy Broyles, Commissioner Cause No. 49G05-0011-CF-194786

September 23, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Charles Johnson appeals the trial court's order that he serve three years of his previously suspended sentence after his admission of multiple probation violations. We affirm. ISSUE Whether the trial court's order is an abuse of discretion because the term that Johnson was ordered to serve for violating probation failed to take into account the period of Johnson's incarceration in a federal facility as a result of violation of his federal parole.

FACTS On November 1, 2000, the State charged Johnson with robbery, a class B felony; unlawful possession of a firearm by a serious violent felon, a class B felony; resisting law enforcement, a class D felony; and carrying a handgun without a license, a class A misdemeanor. On September 30, 2002, the trial court accepted Johnson's plea of guilty to the offense of unlawful possession of a firearm by a serious violent felon; entered judgment of conviction; and imposed a ten-year sentence

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