Preview:

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
Nov 26 2008, 9:22 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: STEVEN KNECHT Vonderheide & Knecht, P.C. Lafayette, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana IAN MCLEAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOHN A. TATE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A04-0803-CR-177

APPEAL FROM THE TIPPECANOE CIRCUIT COURT The Honorable Donald L. Daniel, Judge Cause No. 79C01-0709-FB-27

November 26, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant John A. Tate appeals his fifteen-year sentence for Battery to a Child with Serious Bodily Injury, as a Class B felony.1 We affirm. Facts and Procedural History In 2007, Tate lived in Tippecanoe County with his girlfriend, their baby, his girlfriend's daughter [A.M.], and Tate's daughter. At some time in either August or September of that year, Tate held A.M.'s arm over an open flame, resulting in a large, severe burn on her forearm that required medical attention. At the time of the incident, Tate was upset and ostensibly did this to discipline six-year-old A.M. The State charged Tate with two counts of Battery to a Child, one as a Class B felony and one as a Class D felony. The Class D charge was for a separate incident involving A.M. that occurred in the same timeframe. Pursuant to a plea agreement, Tate pled guilty to the Class B charge in exchange for the State dismissing the other charge. The agreement left Tate's sentence to the discretion of the trial court. The trial court accepted the guilty plea and sentenced Tate to an enhanced sentence of fifteen years with the last year to be served at the Tippecanoe Community Correction facility. Tate now appeals.

1

Ind. Code

Download John A. Tate v. State of Indiana.pdf

Indiana Law