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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: WILLIAM F. THOMS, JR. Thoms & Thoms Indianapolis, Indiana

FILED
Dec 09 2008, 9:20 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JOSEPH DELAMATER Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0805-CR-425

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Louis Rosenberg, Magistrate The Honorable Linda E. Brown, Judge Cause No. 49F10-0711-CM-239912

December 9, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Kenneth Angel appeals following his conviction for Criminal Mischief as a Class B misdemeanor,1 for which he received a sentence of 180 days, with 176 days suspended to probation. The trial court also ordered Angel to pay $160 in court costs, a $100 fine, and $320 in various probation fees.2 Upon appeal, Angel claims that the trial court abused its discretion in sentencing him. We affirm. FACTS AND PROCEDURAL HISTORY On October 5, 2007, Indianapolis Metropolitan Police Officer Monica Hodge responded to a report of vandalism to a Ford Ranger truck located at 1741 Miller Street. Upon arriving at the scene, Officer Hodge found that the driver's side window was broken and that there was glass on the ground. A metal "wheel lug" capable of causing this damage lay on the driver's side seat. Linda Jones owned this truck. Her neighbor, Shane Bolser, saw an individual, who he later identified in court and in a photo array as Angel, break the truck's window by throwing a metal object at it. According to Bolser, he asked Angel what he was doing, and Angel responded by threatening to slap Bolser if he told anyone. On November 13, 2007, the State charged Angel with Class B misdemeanor criminal mischief. Following a March 11, 2008 bench trial, the trial court found Angel guilty as charged. In sentencing Angel to 180 days, with 176 days suspended to

probation, the court considered as an aggravating factor Angel's threat to Bolser. The
1

Ind. Code

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