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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. ATTORNEYS FOR APPELLANT: JENNIFER M. LUKEMEYER TYLER D. HELMOND Indianapolis, Indiana

FILED
Dec 01 2010, 8:24 am
of the supreme court, court of appeals and tax court

CLERK

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

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

No. 25A05-1003-CR-227

APPEAL FROM THE FULTON SUPERIOR COURT The Honorable Wayne Steele, Judge Cause No. 25D01-0405-FD-00078 25D01-0603-FD-00086 25D01-0706-FD-00174

DECEMBER 1, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION BARTEAU, Senior Judge

STATEMENT OF THE CASE Appellant-Defendant Michael Calhoun appeals the trial court's partial denial of his motion to correct erroneous sentence and denial of his motion to correct error. We affirm. ISSUE Calhoun raises one issue, which we restate as whether the trial court abused its discretion by refusing to reduce the period of time during which Calhoun is subject to electronic alcohol monitoring as a condition of probation. FACTS AND PROCEDURAL HISTORY In 2006, Calhoun was arrested and charged in Cause Number 25D01-0603-FD-86 ("FD-86") with operating a vehicle with a blood alcohol content ("BAC") of at least 0.15, a Class D felony based on a prior offense, Indiana Code sections 9-30-5-1 (2001) and 930-5-3 (2004), and operating a vehicle while never having received a valid license, a Class C misdemeanor, Indiana Code section 9-24-18-1 (1991). In 2007, Calhoun was arrested and charged in Cause Number 25D01-0706-FD174 ("FD-174") with operating a vehicle while intoxicated, a Class D felony based on a prior offense, Indiana Code sections 9-30-5-2 (2001) and 9-30-5-3 (2004); reckless driving, a Class B misdemeanor, Indiana Code section 9-21-8-52 (2005); operating a vehicle while never having received a valid license, a Class C misdemeanor, Indiana Code section 9-24-18-1 (1991); and consuming an alcoholic beverage while operating a vehicle, a Class B infraction, Indiana Code section 9-30-15-4 (1994).

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At the time of these arrests, Calhoun was on probation in Cause Number 25D010405-FD-78 ("FD-78") for a conviction of operating a vehicle with a BAC of at least 0.08 or higher, a Class D felony based on a prior offense. Ind. Code

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