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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.

FILED
Feb 26 2008, 9:37 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DAVID PARDO Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0707-CR-592

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Grant Hawkins, Judge Cause No. 49G05-0605-FA-90220

February 26, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Charles Terrell ("Terrell") appeals the thirty-five-year sentence imposed following his plea of guilty to Attempted Murder, a Class A felony. 1 We affirm. Issues Terrell presents four issues for review: I. Whether he was subjected to governmental action based upon a racial classification in violation of his right to equal protection; Whether the trial court abused its sentencing discretion; Whether the sentence is inappropriate; and Whether the credit for pretrial confinement is adequately documented. Facts and Procedural History During the early morning hours of May 17, 2006, Officer Michael Moore initiated a traffic stop of the vehicle Terrell was driving on Westbrook Avenue in Indianapolis. Terrell gave his identification to Officer Moore, who walked back to his police vehicle. Terrell then exited his vehicle and began to walk away. As Officer Moore approached him, Terrell turned toward Officer Moore and fired gunshots. Officer Moore fell to the pavement and returned fire. Officer Moore felt concrete fragments flying up as bullets struck the concrete around his head. A single bullet struck Officer Moore in his leg. Terrell sustained three gunshot wounds, but was able to flee and hide in an attic where police eventually apprehended him. On May 19, 2006, the State charged Terrell with

II. III. IV.

1

Ind. Code

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