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ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

AARON J. EDWARDS STEVE CARTER
Columbus, Indiana Attorney General of Indiana

RICHARD C. WEBSTER
Deputy Attorney General
Indianapolis, Indiana


  

IN THE
COURT OF APPEALS OF INDIANA



DENNIS BERGER, )
Appellant-Defendant, )
)
vs. ) No. 03A01-0709-CR-406
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
  

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MEMORANDUM DECISION - NOT FOR PUBLICATION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
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.






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

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Indiana Law