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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: WILLIAM BYER, JR. Byer & Byer Anderson, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

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

No. 48A04-0607-CR-397

APPEAL FROM THE MADISON COUNTY COURT The Honorable David W. Hopper, Judge Cause No. 48E01-0311-FD-415

May 10, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Michael William Stark appeals his six-year sentence for operating a vehicle while intoxicated ("OVWI") as a class D felony 1 and for being an habitual substance offender. 2 Stark raises one issue on appeal, which we revise and restate as whether Stark's sentence is inappropriate in light of the nature of the offense and the character of the offender. We affirm. The relevant facts follow. On November 9, 2003, an Alexandria police officer observed Stark's vehicle speeding and swerving across the center line of State Road 9. The officer pulled Stark over. As the officer spoke with Stark, he could smell the odor of alcohol, and he noticed that Stark's speech was slurred. After failing a breathalyzer test, failing to complete the horizontal gaze nystagmus test, and refusing to take another field sobriety test, Stark was arrested. Upon an inventory of Stark's vehicle, police found what was determined to be marijuana. The State charged Stark with Count I, OVWI endangering a person as a class A misdemeanor; 3 Count II, possession of marijuana as a class A misdemeanor; 4 and Count III, OVWI as a class D felony. The State later amended the information and added Count IV, charging Stark as an habitual substance abuser. Following a bench trial, the trial court found Stark guilty of Counts I, III, and IV.

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Ind. Code

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