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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 29 2011, 9:47 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JASON A. CHILDERS Hulse, Lacey, Hardacre, Austin, Sims & Childers, P.C. Anderson, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RYAN D. JOHANNINGSMEIER Deputy Attorney General Indianapolis, Indiana

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

No. 48A02-1105-CR-454

APPEAL FROM THE MADISON CIRCUIT COURT The Honorable Rudolph R. Pyle III, Judge Cause No. 48C01-0910-FC-602

December 29, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary John W. Sawyer ("Sawyer") appeals following his convictions for Battery, as a Class C felony;1 Strangulation, a Class D felony;2 Intimidation, as a Class D felony;3 Resisting Law Enforcement, as a Class A misdemeanor;4 and Cruelty to a Law Enforcement Animal, as a Class A misdemeanor.5 We affirm in part and vacate in part. Issues Sawyer presents the following issues for our review: I. Whether sufficient evidence supports his conviction for Resisting Law Enforcement; Whether double jeopardy principles prohibit his convictions for Resisting Law Enforcement and Battery on a Law Enforcement Animal; Whether the trial court abused its discretion by admitting hearsay testimony of an unavailable witness; Whether the trial court abused its discretion by admitting certain evidentiary exhibits; Whether the trial court abused its discretion by not finding Sawyer's prior military service to be a mitigating factor in sentencing; and Whether his sentence is inappropriate given his character and the nature of his offense.

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Ind. Code

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Indiana Law