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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: RICHARD WALKER Anderson, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JESSICA A. MEEK Deputy Attorney General Indianapolis, Indiana

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

No. 48A02-0706-CR-483

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Dennis D. Carroll, Judge Cause No. 48D01-0603-FC-79

December 31, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Michael Felton ("Felton") was convicted of Intimidation and placed on probation. After he committed two additional felonies and violated other conditions of his probation, the trial court ordered him to serve three-and-one-half years of his previously-suspended sentence. We conclude that the trial court did not abuse its discretion in ordering Felton to serve this portion of his suspended sentence. Facts and Procedural History On March 20, 2006, eighteen-year-old Felton became upset with a fellow Elwood Community High School student while sitting in math class. He then threatened to stab the other student and exposed a pocket knife in a threatening manner. The State charged Felton with Intimidation as a Class C felony. Ind. Code

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