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James D. Woody v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 49A04-0609-CR-538
Case Date: 04/25/2007
Preview: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: ROBERT D. KING, JR. Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JAMES D. WOODY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A04-0609-CR-538

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Sheila A. Carlisle, Judge Cause No. 49G03-0605-FC-87451

April 25, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant James D. Woody ("Woody") appeals his four-year sentence for Operating a Motor Vehicle While Privileges Forfeited for Life, a Class C felony. 1 We affirm. Issue Woody raises the issue of whether his sentence is inappropriate. Facts and Procedural History On May 15, 2006, Officer Russell Growe ("Officer Growe") noticed a dark-colored Chevy Blazer driving at a high rate of speed that subsequently "ran the automatic signal at the entrance to the Indianapolis Zoo." Appellant's Appendix at 14. Officer Growe activated his emergency lights, attempting to stop the Blazer to no avail. Although the driver of the Blazer, later identified as Woody, turned his head to see the patrol car, he continued to travel through downtown Indianapolis at speeds between sixty and seventy miles per hour. After turning on to Ray Street, the Blazer crashed into a gate. Woody then exited the vehicle and ran from Officer Growe who ordered Woody to stop. Based on Officer Growe's call to dispatch during the car chase, other officers, including a canine unit, established a perimeter around the immediate area where Woody's vehicle stopped. Woody was finally apprehended by the police canine. Woody sustained bite wounds on both ankles from the police dog. A medic was called to tend to Woody's bite wounds.

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