Preview:

FOR PUBLICATION

ATTORNEY FOR APPELLANT: PATRICIA CARESS McMATH Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

FILED
Jun 30 2010, 10:55 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 52A04-0909-CR-504

APPEAL FROM THE MIAMI SUPERIOR COURT The Honorable Daniel C. Banina, Judge Cause Nos. 52D02-0903-FC-57, 52D02-0903-FD-60

June 30, 2010 OPINION - FOR PUBLICATION

MAY, Judge

Michael L. Smith pled guilty to auto theft, institutional criminal mischief, and arson.1 He received a seven-year sentence, with three years suspended to probation. Smith raises three issues on appeal, which we restate as: 1. Whether the trial court should have considered certain mitigating circumstances Smith offered; 2. Whether the sentence was inappropriate in light of Smith's character and the nature of the offense; and 3. Whether the trial court may require as a condition of probation that a probationer undergo polygraph examinations, with the condition that positive results amount to a probation violation and would be admissible in subsequent court proceedings. We affirm in part, reverse in part, and remand. FACTS AND PROCEDURAL HISTORY Smith stole three cars and set fire to two. On March 5, 2009, Smith and his accomplice used the third stolen vehicle to destroy property at a public swimming pool and a golf course. When Smith was apprehended on the golf course, he admitted stealing and setting fire to vehicles both that day and in January 2009.

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Ind. Code

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