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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
Jul 05 2012, 9:11 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: C. ROBERT RITTMAN Grant County Public Defender Marion, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

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

No. 27A02-1109-CR-846

APPEAL FROM THE GRANT CIRCUIT COURT The Honorable Mark E. Spitzer, Judge Cause No. 27C01-1105-FC-284

July 5, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE David Lacey appeals his conviction and sentence for operating a motor vehicle while privileges are forfeited for life, a class C felony.1 We affirm. ISSUES 1. Whether the trial court abused its discretion in refusing a tendered jury instruction. Whether Lacey's sentence is inappropriate pursuant to Indiana Appellate Rule 7(B). FACTS On the night of May 28, 2011, on-duty Marion Police Officer Kyle Griffith stopped at a stoplight behind Lacey's vehicle. Lacey's music was so loud that Officer Griffith's windows were vibrating; he could not hear his police radio; and his "rearview mirror was vibrating so violently, the cars behind [him] were blurry." (Tr. 23). Officer Griffith therefore initiated a traffic stop. Officer Griffith twice "had to tell [Lacey] to turn the music down [be]cause [he] could not hear" Lacey. (Tr. 24). When Officer Griffith requested Lacey's driver's license, Lacey told him that he had "left it at home." (Tr. 25). Officer Griffith therefore gave dispatch Lacey's

2.

information to "check his driving status . . . ." (Tr. 25). Dispatch informed Officer Griffith that Lacey was an "habitual traffic violator for life," which Officer Griffith verified through a print out from the Bureau of Motor Vehicles. (Tr. 25). Accordingly,
1

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