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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
ATTORNEY FOR APPELLANT: GILDA W. CAVINESS Caviness Law Office, LLC Rushville, Indiana
Jun 29 2010, 10:32 am
of the supreme court, court of appeals and tax court

CLERK

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

No. 21A01-1001-CR-55

APPEAL FROM THE FAYETTE SUPERIOR COURT The Honorable Ronald T. Urdal, Judge Cause No. 21D01-0808-FD-534

June 29, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary On August 12, 2008, James Daugherty was in an intoxicated state while on a public street in Fayette County. He pleaded guilty to Public Intoxication, a Class B misdemeanor.1 On January 11, 2010, he was sentenced to 180 days imprisonment.2 He now appeals, challenging his sentence as inappropriate. We affirm. Discussion and Decision Indiana Code Section 35-50-3-3 provides in relevant part, "A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days[.]" Accordingly, Daugherty was sentenced to the maximum term allowable under the statute. Pursuant to Indiana Appellate Rule 7(B), we may revise a sentence authorized by statute, if after due consideration of the trial court's decision, we conclude that the sentence is inappropriate in light of the nature of the offense and the character of the offender. We are deferential to the trial court's sentencing decision, recognizing the unique perspective a trial court has in the sentencing process. Patterson v. State, 909 N.E.2d 1058, 1063 (Ind. Ct. App. 2009). The defendant bears the burden of persuading this Court that his sentence is inappropriate. Id. The nature of Daugherty's offense is that he was shirtless and stumbling down a

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Ind. Code

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