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Michael Taylor v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 49A02-0706-CR-531
Case Date: 12/14/2007
Preview: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: JOHN PINNOW Greenwood, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana J.T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0706-CR-531

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Mark D. Stoner, Judge Cause No. 49G06-0701-FC-123

December 14, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Michael Taylor appeals his sentences for Battery, as a Class D felony,1 Strangulation, as a Class D felony, 2 and Resisting Law Enforcement, as a Class D felony. 3 We affirm, but remand for the correction of a scrivener's error. Issue Taylor raises two issues on appeal, which we consolidate as whether his sentences are inappropriate. 4 Facts and Procedural History Members of the Indianapolis Metropolitan Police Department's ("IMPD") SWAT team responded to a disturbance at Taylor's apartment. As two boys were leaving a room, IMPD Officer James Gray tried to enter the room. Taylor fought with Officer Gray, strangled him, and took him to the ground. Other officers restrained Taylor. Pursuant to a plea agreement, Taylor was convicted of Battery, Strangulation, and Resisting Law Enforcement. The trial court sentenced Taylor to a three-year term of imprisonment for each of the convictions, ordering that they be served concurrently. He now appeals. Discussion and Decision Taylor asks this Court to revise his sentences. Under Indiana Appellate Rule 7(B), this "Court may revise a sentence authorized by statute if, after due consideration of the trial
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