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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 24 2008, 8:48 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: PAUL D. STANKO Appellate Public Defender Crown Point, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JONATHAN WASHINGTON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A03-0806-CR-301

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Diane Ross Boswell, Judge Cause No. 45G03-0710-FA-33

December 24, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Jonathan Washington ("Washington") appeals the eight-year sentence imposed following his plea of guilty to Attempted Battery, as a Class C felony.1 We affirm. Issues Washington presents two issues for review: I. Whether the trial court abused its discretion by ignoring mitigating circumstances supported by the record; and Whether the sentence is inappropriate. Facts and Procedural History On October 25, 2007, Washington drove his vehicle toward East Chicago Police Officer Danny Schumann in an attempt to strike him. On October 26, 2007, the State charged Washington with Attempted Murder, Attempted Aggravated Battery, Auto Theft, and Resisting Law Enforcement. The State subsequently alleged that Washington was a habitual offender. The State and Washington entered into a plea agreement whereby Washington was to plead guilty to an amended count of Attempted Battery, and the remaining charges and the habitual offender allegation were to be dismissed. Sentencing was left to the discretion of the trial court. On May 12, 2008, the trial court sentenced Washington to eight years imprisonment. He now appeals.

II.

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Ind. Code

Download Jonathan Washington v. State of Indiana.pdf

Indiana Law