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FOR PUBLICATION
ATTORNEY FOR APPELLANT: NICK J. HERTHEL HERTHEL & HERTHEL Bedford, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

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

No. 59A01-0703-CR-107

APPEAL FROM THE ORANGE CIRCUIT COURT The Honorable Kenneth L. Lopp, Special Judge Cause No. 59C01-0608-FB-54

December 3, 2007

OPINION - FOR PUBLICATION

FRIEDLANDER, Judge

James N. Lindsey was convicted of Operating a Vehicle with an Alcohol Concentration Equivalent (A.C.E.) of .15 or More, 1 a class A misdemeanor, and was also found to be a Habitual Substance Offender (HSO). 2 The trial court sentenced Lindsey to one year on the misdemeanor conviction and enhanced that sentence by an additional seven years for the HSO determination, resulting in a total sentence of eight years. Upon appeal, Lindsey presents five issues for our review: 1. Was Lindsey denied due process of law when the State failed to disclose evidence relating to his status as an HSO in violation of a pre-trial discovery order? Does Lindsey's HSO sentence enhancement proportionality clause of the Indiana Constitution? violate the

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Is it cruel and unusual punishment for Lindsey to serve an eight-year sentence at the Orange County Jail? Did the trial court improperly overlook as a mitigating circumstance Lindsey's guilty plea to being an HSO when it imposed a seven-year sentencing enhancement? Is Lindsey's eight-year sentence inappropriate?

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We affirm. On August 14, 2006, Lindsey was operating a vehicle with an A.C.E. of .15 or more when he was involved in an automobile accident which resulted in the deaths of two teenage girls. Prior to the instant accident, between 1988 and 1998, Lindsey was

Ind. Code Ann.

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