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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: PAUL BAYLOR Anderson, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JESSICA A. MEEK Deputy Attorney General Indianapolis, Indiana

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

No. 48A02-0702-CR-163

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Dennis Carroll, Judge Cause No. 48D01-0509-FC-280

November 14, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Christopher Jackson appeals his sentences for Escape,1 a class C felony, Resisting Law Enforcement, 2 a class A misdemeanor, Possession of Marijuana, 3 a class A misdemeanor, Possession of a Controlled Substance,4 a class D felony, and Operating a Vehicle with a Blood Alcohol Concentration (BAC) of .08 or More, 5 a class C misdemeanor. Specifically, Jackson argues that the trial court erred by (1) considering previous criminal activity that did not result in a conviction as part of Jackson's criminal history, which it found to be an aggravating factor, and (2) failing to consider the fact that Jackson did not harm anyone to be a mitigating factor. Finding no error, we affirm the judgment of the trial court. FACTS On September 29, 2005, Elwood City Police Officer Jamie Crawford observed a red Chevrolet pickup truck traveling westbound on Main Street with "improper headlights." Appellant's App. p. 28. Officer Crawford activated his vehicle's emergency lights and stopped the pickup truck four blocks later. As soon as Officer Crawford began to exit his vehicle, Jackson, who was driving the pickup truck, began to drive away. Officer Crawford activated his siren and again stopped Jackson's vehicle. Upon approaching the pickup truck, Officer Crawford immediately recognized Jackson as the driver of the vehicle because he had

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