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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
Feb 26 2009, 9:30 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: BRIAN J. MAY South Bend, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

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

No. 71A04-0807-CR-440

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable John M. Marnocha, Judge Cause No. 71D02-0207-FC-196 Cause No. 71D02-0611-FC-350 Cause No. 71D01-0707-FC-211

February 26, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Dewayne Lodholtz ("Lodholtz") appeals his sentences for five convictions in three causes. We affirm. Issue Lodholtz raises the sole issue of whether his sentences are inappropriate. Facts and Procedural History Sometime before July 2002, Lodholtz lost his driving privileges. Pursuant to a plea agreement, he pled guilty to Theft and Operating a Vehicle after Lifetime Suspension of Driving Privileges ("Operating after Lifetime Suspension"). (Cause No. 71D02-0207-FC196 ("Cause 2002")). On November 20, 2002, the trial court sentenced him to concurrent terms of three years for Theft and eight years for Operating after Lifetime Suspension, with four years suspended to probation. On November 4, 2006, Lodholtz was driving north of the Notre Dame campus. Drinking alcohol had affected his judgment. He proceeded despite being pursued by four or five police cars with their lights and sirens activated, ultimately stopping when his car became disabled along the road. The State charged Lodholtz with Operating a Vehicle While Intoxicated ("OWI"), Resisting Law Enforcement ("RLE"), and Operating after Lifetime Suspension. (Cause No. 71D02-0611-FC-350 ("Cause 2006")). When the defendant failed to appear for a hearing, a bench warrant was issued. During the pendency of Cause 2006, Lodholtz was arrested after driving near downtown South Bend. The State charged Lodholtz with Possession of Marijuana and 2

Operating after Lifetime Suspension. (Cause No. 71D01-0707-FC-211 ("Cause 2007")). On February 4, 2008, Lodholtz and the State submitted a written plea agreement to the trial court. Lodholtz admitted to: (1) violating his probation in Cause 2002; (2) OWI, as a Class A misdemeanor,1 RLE, as a Class D felony,2 and Operating after Lifetime Suspension, a Class C felony,3 in Cause 2006; and (3) Operating after Lifetime Suspension, a Class C felony, in Cause 2007. In considering Lodholtzs significant history of auto and alcohol related convictions, the trial court remarked, "I do believe that at some point and time all of this is going to end, by you either killing yourself in a car or killing somebody else." Appendix at 16. The trial court accepted the plea agreement and issued orders in all three causes. In Cause 2002, it ordered Lodholtz to execute the four years that had been previously suspended to probation. In Cause 2007, it entered judgment and imposed the advisory sentence of four years, to be fully executed. Finally, in Cause 2006, the trial court entered judgments and ordered concurrent sentences of one year for OWI, one year for RLE, and seven years for Operating after Lifetime Suspension, to be fully executed. The sentences for each cause were ordered to be served consecutively, for an aggregate term of fifteen years, to be fully executed. Lodholtz now appeals.

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Ind. Code

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