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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
May 18 2009, 10:10 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ROBERT D. KING, JR. Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

JESSICA VASQUEZ, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff.

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No. 49A02-0810-CR-931

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Sheila A. Carlisle, Judge The Honorable Stanley E. Kroh, Commissioner Cause No. 49G03-0805-FB-100460

May 18, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION BAKER, Chief Judge

Appellant-defendant Jessica Vasquez appeals the twenty-year sentence that was imposed following her conviction for Aggravated Battery,1 a class B felony. Specifically, Vasquez argues that she must be resentenced because the trial court abused its discretion in admitting a videotape of a television newscast into evidence at the sentencing hearing that showed sheriff's deputies escorting her to or from the jail. Vasquez also claims that the trial court abused its discretion in sentencing her because it placed too much weight on her criminal history as an aggravating factor and not enough mitigating weight on her decision to plead guilty. Finally, Vasquez contends that the twenty-year sentence was inappropriate in light of the nature of the offense and her character. Finding no error, we affirm the judgment of the trial court. FACTS On April 30, 2008, eighty-one-year-old Evelyn Page was driving north on Meridian Street in Indianapolis, when Vasquez--who was nineteen years old--abruptly stopped her vehicle in front of Page's automobile. After Page stopped, Vasquez exited her vehicle, began yelling, and accused Page of "cut[ting] her off." Appellant's App. p. 21. Vasquez approached Page's vehicle, reached inside, and attempted to grab Page's keys. Vasquez then punched Page in the eye, pulled her from the vehicle, and threw her

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Ind. Code

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