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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
Mar 19 2008, 10:27 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: AARON J. EDWARDS Columbus, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

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

No. 03A01-0709-CR-406

APPEAL FROM THE BARTHOLOMEW SUPERIOR COURT The Honorable Chris D. Monroe, Judge Cause No. 03D01-0705-FD-821

March 19, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary Dennis Berger challenges the sentence he received after pleading guilty to possession of a controlled substance, 1 theft, 2 and resisting law enforcement, 3 all class D felonies, and battery resulting in bodily injury, a class A misdemeanor. 4 Citing Cole v. State, 850 N.E.2d 417 (Ind. Ct. App. 2006), he contends that his offenses constituted one episode of criminal conduct. Therefore, Berger's argument continues, his aggregate sentence should not have exceeded four years, which is the advisory sentence for a C felony. 5 We affirm. Facts 6 and Procedural History On May 1, 2007, at approximately 10:30 p.m., Courtney James sat in her vehicle in front of her residence, 745 California Street, Columbus. A blue and cream colored Ford SUV driven by Jessica Caudill pulled up next to James' vehicle. Berger exited the SUV, walked toward James' vehicle, yelled at her, lunged at her, and began punching her in the face and back of the head. James was able to push away from Berger and race away in her vehicle.

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Ind. Code

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