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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
Apr 15 2011, 8:31 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ROBERT W. SPRINGSTON Monroe County Public Defender Bloomington, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana WADE J. HORNBACHER Deputy Attorney General Indianapolis, Indiana

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

No. 53A04-1009-CR-588

APPEAL FROM THE MONROE CIRCUIT COURT The Honorable Marc R. Kellams, Judge Cause No. 53C02-0912-FD-1034

April 15, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

David Brockman appeals his aggregate twelve-year sentence for two counts of Operating a Vehicle While Intoxicated Causing Serious Bodily Injury,1 as class C felonies. He presents the following issues for review: 1. Did the trial court abuse its discretion by not finding his guilty plea as a mitigating circumstance? Is Brockman's sentence inappropriate in light of the nature of the offenses and his character?

2.

We affirm. On the evening of December 7, 2009, an unlicensed and "very drunk" Brockman drove southbound in the northbound lane of Old State Road 37 in Bloomington. Appellant's Confidential Appendix at 7. He drove head-on into a vehicle driven by Scott Brown, in which Scott's wife, Cheryl, was a passenger. According to Scott, Brockman appeared to be unconscious when he crossed into oncoming traffic. A consensual blood draw taken at the hospital revealed Brockman's blood alcohol level to be 0.16%, twice the legal limit. In addition to alcohol, Brockman had consumed two Klonopin pills (a controlled substance for which he did not have a prescription) prior to driving. Scott and Cheryl had to be cut out of their crushed vehicle before they could be taken to the hospital. As a result of the crash, they sustained serious and debilitating physical injuries, certain of which are permanent, and suffered significant financial consequences as well. Although they are fortunate to be alive, their lives will never be the same as they face future surgeries and permanent nerve damage. The State charged Brockman with operating a vehicle while intoxicated, a class D
1

Ind. Code Ann

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