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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: SUSAN D. RAYL Indianapolis, Indiana

FILED
Jan 23 2008, 8:55 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0707-CR-358

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Mark Stoner, Judge Cause No. 49G06-0601-FB-013225

January 23, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Derrick Harrington appeals the sentence he received after pleading guilty to two counts of Battery,1 a class C felony. Specifically, Harrington argues that (1) the trial court abused its discretion by considering the multiple victims of the offenses to be an aggravating factor, and (2) his sentence is inappropriate in light of the nature of the offenses and his character. Finding no error, we affirm the judgment of the trial court. FACTS On January 5, 2006, Harrington and Joshua Lane drove to a residence on the southeast side of Indianapolis. Harrington, who was carrying a handgun, entered the residence and encountered Joseph Hubbard, Larry Woods, Edward Yeley, Darryl Smith, Lonnie Calvin, Karen Calvin, and Kayla Morris. Morris told Harrington that Woods and Yeley "robbed us." Tr. p. 26. After verbally assaulting Woods and Yeley, Harrington began hitting and kicking the men with his hands and feet and "hit them [both] over the head with the gun." Id. at 29. After becoming fatigued, Harrington ceased his attack and quickly left the residence, hiding his handgun under a vinyl tarp in the backyard "because [he] didn't want to carry it . . . [b]ecause [he] was walking." Id. at 33. After leaving the residence, Harrington realized that he had accidentally taken Lane's cell phone with him. Harrington returned to the residence to give Lane his phone and left shortly thereafter. A few days after the attack, Harrington's sister told him that "somebody"2 had been murdered in the house the night Harrington was there. Id. at 38.

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Ind. Code

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