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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. ATTORNEY FOR APPELLANT: STEVEN KNECHT Lafayette, Indiana ATTORNEYS FOR APPELLEE: STEPHEN R. CARTER Attorney General of Indiana Indianapolis, Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JESSICA F. SARGENT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 91A02-0609-CR-836

APPEAL FROM THE WHITE SUPERIOR COURT The Honorable Robert B. Mrzlack, Judge Cause No. 91D01-0411-FB-167

JULY 10, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BARTEAU, Senior Judge

STATEMENT OF THE CASE Defendant-Appellant Jessica F. Sargent ("Sargent") appeals from the trial judge's sentencing order after she pled guilty to Class B felony neglect of a dependent, and to Class C felony reckless homicide. We affirm. ISSUES Sargent presents the following issues for our review: I. Whether the trial court erred by sentencing Sargent to twenty years for Class B felony neglect of a dependent, and to eight years for Class C felony reckless homicide, fully executed to be served concurrently, by using improper aggravating circumstances; and II. Whether the sentence was inappropriate in light of Sargent's character. FACTS AND PROCEDURAL HISTORY On September 14, 2004, S.N.W., an eleven-month-old girl, was left in Sargent's care. According to the factual basis established for Sargent's guilty plea, Sargent went in the bedroom to check on S.N.W. and found her on the floor and unresponsive. Sargent admits to shaking the infant at least two times, and that the act of shaking the infant ultimately led to S.N.W.'s death. On November 15, 2004, the State charged Sargent with Class B felony neglect of a dependent and Class B felony battery. On December 9, 2004, the State amended its charging information to charge Sargent with Class A felony neglect of a dependent, Class A felony battery, Class B felony aggravated battery, and Class C felony reckless homicide. On June 26, 2006, Sargent pled guilty to Class B felony neglect of a 2

dependent and Class C felony reckless homicide. Sargent's sentencing hearing was held on September 11, 2006. The trial court sentenced Sargent to twenty years executed for neglect of a dependent and to eight years executed for the reckless homicide conviction, to be served concurrently with the sentence for neglect. It is from the trial court's sentencing order that Sargent now brings this appeal. DISCUSSION AND DECISION I. AGGRAVATING CIRCUMSTANCES Sargent argues that the trial judge abused his discretion when he sentenced her to a term of twenty years executed for neglect of a dependent, and to eight years executed for the reckless homicide conviction to be served concurrently. Sargent claims that a number of invalid or improper aggravating circumstances were used to enhance her sentence. She concludes that the circumstances were, therefore, improperly balanced. Under the terms of Sargent's plea agreement, the parties were free to argue sentencing, and whether the sentences would be served concurrently or consecutively. The sentence imposed was left to the trial court's discretion within the parameters of a six-year minimum sentence and a twenty-eight year maximum sentence. In imposing the sentence the trial judge found as aggravating circumstances 1) the harm and injury suffered by the victim was significant and greater than necessary to prove commission of the neglect; 2) Sargent's criminal history consisting of two misdemeanor convictions; 3) S.N.W.'s age, eleven months old; and, 4) S.N.W.'s injuries were the result of shaken baby syndrome. The trial court found as mitigating

circumstances 1) Sargent's cooperation with law enforcement and the Department of 3

Family and Children; 2) Sargent's guilty plea; 3) the hardship for her children; and, 4) Sargent's acceptance of responsibility for her actions. On April 25, 2005, the Indiana Legislature's amendment of sentencing statute Ind. Code

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