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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: HILARY BOWE RICKS Indianapolis, Indiana

FILED
Dec 31 2008, 9:31 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ALEX O. JAMES Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0805-CR-468

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Sheila A. Carlisle, Judge The Honorable Stanley Kroh, Commissioner Cause Nos. 49G03-0801-FC-3767 49G03-0803-FC-69749

December 31, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Judge

Case Summary and Issues Christopher Tyler appeals his sixteen-year sentence following a guilty plea to two counts of operating a motor vehicle after license forfeited for life, both Class C felonies, possession of marijuana, a Class A misdemeanor, and resisting law enforcement, a Class D felony. Tyler raises two issues for our review: 1) whether the trial court abused its discretion in failing to identify his mental health as a significant mitigating factor and 2) whether his sentence is inappropriate. Concluding the trial court did not abuse its

discretion when it sentenced Tyler and the sentence is not inappropriate, we affirm. Facts and Procedural History On January 4, 2008, Tyler was pulled over for speeding; the officer discovered Tylers drivers license had been suspended for life and found three bags of marijuana in the drivers side door. Tyler resisted arrest until the officer informed him he would be tased if he continued to resist. On January 8, 2008, the State charged Tyler with one count of operating a motor vehicle after license forfeited for life, a Class C felony; one count of possession of marijuana, a Class A misdemeanor; and one count of resisting law enforcement, a Class A misdemeanor. On March 11, 2008, Tyler pled guilty to all three counts in exchange for a six-year cap on the total sentence and a three-year cap on executed time. The trial court accepted the plea agreement but did not enter judgment of conviction at that time. A sentencing hearing was scheduled for April 14, 2008. On March 30, 2008, an officer initiated a traffic stop of a car driven by Tyler for weaving in and out of traffic. Tyler did not comply, eventually stopping in a parking lot and fleeing on foot. The officer pursued him, and Tyler continued to resist the officer,
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tearing the officers radio from his shoulder and throwi ng a punch at him.

After

administering pepper spray, the officer arrested Tyler with assistance from backup. On March 31, 2008, the State charged Tyler with one count of operating a motor vehicle after license forfeited for life, a Class C felony, one count of resisting law enforcement as a Class D felony, and two counts of resisting law enforcement as Class A misdemeanors. On April 22, 2008, Tyler entered into a new plea agreement that covered both cases and pled guilty to both counts of operating a motor vehicle after license forfeited for life, one count of possession of marijuana, and one count of Class D felony resisting law enforcement. The plea agreement capped executed time at five years. At the

sentencing hearing, Tyler argued that his mental health issues were a mitigating factor. The trial court found two significant mitigating factors: Tylers acceptance of responsibility and the hardship his prolonged incarceration would cause to his terminallyill mother. The trial court also found Tylers criminal history to be a significant

aggravating factor. The trial court concluded that Tylers criminal history outweighed the mitigating factors. The trial court sentenced Tyler to the eight-year maximum for each operating a motor vehicle after license forfeited for life count, with five years suspended on the first count and six years suspended on the second count. The sentences for operating a motor vehicle after license forfeited for life were ordered to run consecutive to each other.1 The trial court also ordered two years of probation subject to a mental health evaluation, substance abuse evaluation, and treatment. appeals. Tyler now

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Tyler was given concurrent sentences on the lesser counts.

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Discussion and Decision I. Propriety of Sentence Sentencing decisions rest with the sound discretion of the trial court and are reviewed on appeal only for an abuse of discretion. Anglemyer v. State, 868 N.E.2d 482, 490 (Ind. 2007), clarified on rehg, 875 N.E.2d 218. We will conclude the trial court has abused its discretion if the decision is "clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom." Hollin v. State, 877 N.E.2d 462, 464 (Ind. 2007) (quoting K.S. v. State, 849 N.E.2d 538, 544 (Ind. 2006)). A trial court may impose any legal sentence "regardless of the presence or absence of aggravating circumstances or mitigating circumstances." Ind. Code

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