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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
Dec 22 2010, 10:46 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JENNIFER A. JOAS Madison, 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
JEFFREY D. BOGGS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 40A01-1004-CR-163

APPEAL FROM THE JENNINGS CIRCUIT COURT The Honorable Jon W. Webster, Judge Cause No. 40C01-0604-FC-78

December 22, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Jeffrey D. Boggs was convicted after a jury trial of escape1 as a Class C felony and was given an eight-year executed sentence. He appeals, raising the following restated issues: I. Whether the State presented sufficient evidence to support his conviction for escape as a Class C felony; Whether the trial court erred in declining to apply credit time to the present case when doing so would result in Boggs receiving "double credit"; and Whether Boggss eight-year sentence was inappropriate in light of the nature of the offense and the character of the offender.

II.

III.

We affirm. FACTS AND PROCEDURAL HISTORY On February 11, 2006, Boggs was booked into the Jennings County Jail. At approximately midnight on April 24, 2006, Jennings County Sheriffs Deputy Chris Ristuccia received a phone call at the jail inquiring as to whether Boggs was an inmate at the jail. The female caller told Deputy Ristuccia that Boggs had called her and said he was in Kentucky. Deputy Ristuccia informed the caller that Boggs was in custody at the jail. After the call, however, he and other officers conducted a perimeter check and observed that a window was missing from one of the cells. A subsequent lockdown of the jail and headcount of the inmates revealed that four inmates were missing: Boggs, Scott Pickett, David Fields, and Gerald Perkins. A search of the cells was done, and two saw blades and a red metal rod were found.

1

See Ind. Code

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