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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
Apr 14 2008, 10:10 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MONTY B. ARVIN Kokomo, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

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

No. 34A05-0712-CR-716

APPEAL FROM THE HOWARD SUPERIOR COURT The Honorable Stephen M. Jessup, Judge Cause No. 34D02-0409-FB-371

April 14, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Michael Mead appeals his twenty-year sentence for Class B felony possession of cocaine. We affirm. Issue Mead raises one issue, which we restate as whether the trial court abused its discretion when sentencing Mead. Facts On September 25, 2004, Officer Ty Solomon and Officer Brian Sheetz of the Kokomo Police Department were on patrol when they observed Lisa Clifton lying on the ground with Michael Mead standing over her next to the entrance of an apartment's parking lot. Both Mead and Clifton told the officers that Mead had struck Clifton with his vehicle when she attempted to run in front of his vehicle in order to prevent him from leaving. Clifton was transported to Howard Community Hospital for injuries to her leg and back. Mead consented to a portable breath test which revealed a blood alcohol content of .137. Mead later failed several field sobriety tests and was eventually transported to Howard County Jail. While at jail, Mead failed to provide a valid breath test because he did not follow the officer's instructions. Mead also refused to provide a blood sample at the hospital per the officer's request. Officer Solomon next instructed Mead to remove his jewelry and personal articles for inventory. While emptying his left pocket, Mead dropped a small bag of a white substance that later tested positive for cocaine.

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The State charged Mead with Class B felony attempted voluntary manslaughter, Class B felony aggravated battery, Class B felony possession of cocaine, Class D felony causing serious bodily injury when operating a motor vehicle with a blood alcohol content of .08 or more, and Class D felony criminal recklessness resulting in serious bodily injury. Because Clifton passed away on December 18, 2004 as the result of an infection caused by injuries resulting from the accident, Mead was further charged with Class B felony voluntary manslaughter and Class C felony causing death when operating a motor vehicle while intoxicated. The State and Mead reached a plea agreement on April 24, 2007, that resulted in Mead pleading guilty to Class B felony possession of cocaine and the State dismissing the remaining counts. Mead was sentenced on September 6, 2007. At the conclusion of the sentencing, the trial court made the following statement: Thank you, Let me address that last verse. There seems to be a question as to exactly what is meant by an accident. Most of it has been centered here during this hearing as to whether something can be classified as an accident when the perpetrator intentionally put themself [sic] in a state of mind that caused the accident. That's one interpretation. There's another one here that we'll never know I guess, and that is whether he intended to hit her with the car. He claims he didn't. There's a witness who claims he did. There is some

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