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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: THOMAS G. GODFREY Anderson, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Mar 04 2008, 9:36 am

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

CLERK

No. 48A02-0708-CR-687

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Dennis D. Carroll, Judge Cause No. 48D01-0510-FD-286

March 4, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary David L. Martin appeals the revocation of his probation. We affirm. Issues We restate the issues as follows: I. Whether sufficient evidence supports the trial court's finding that Martin violated his probation; and Whether the trial court abused its discretion in executing Martin's suspended sentence. Facts and Procedural History On December 5, 2005, pursuant to a plea agreement, Martin pled guilty to class D felony possession of a controlled substance (Xanax),1 class A misdemeanor operating a vehicle while intoxicated, and class D felony operating a vehicle while intoxicated. The trial court merged the two latter counts and sentenced Martin to concurrent two-year suspended terms on the class D felony convictions. The court ordered the sentence to run consecutive to that imposed under another cause number and placed Martin on probation for two years. On June 19, 2007, Anderson Police Department Officer David Reed was dispatched to provide backup to Sergeant Greg Kardatske. When Officer Reed arrived, Martin was "staggering around" outside his vehicle. Tr. at 6. Martin's eyes were glassy, and he appeared impaired. Sergeant Kardatske had put a couple pill bottles on top of Martin's vehicle and asked Martin "what he had hit, because the front left tire on his vehicle and the
See Ind. Code

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