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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: BROOKE N. RUSSELL Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

FILED
May 31 2011, 10:26 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 36A01-1008-CR-469

APPEAL FROM THE JACKSON CIRCUIT COURT The Honorable William E. Vance, Judge Cause No. 36C01-1003-FD-68

May 31, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Richard Keck appeals his sentence for Class D felony battery resulting in bodily injury.1 He asserts his sentence is inappropriate based on his character and the nature of the offense. We affirm. FACTS AND PROCEDURAL HISTORY Keck entered a guilty plea to Class D felony battery resulting in bodily injury. The plea agreement provided his sentence would be capped at one and one-half years. On August 13, 2010, Keck was sentenced to one and one-half years incarcerated. DISCUSSION AND DECISION We may revise a sentence if it is inappropriate in light of the nature of the offense and the character of the offender. Williams v. State, 891 N.E. 2d 621, 633 (Ind. Ct. App. 2008) (citing Ind. Appellate Rule 7(B)). We consider not only the aggravators and mitigators found by the trial court, but also any other factors appearing in the record. Roney v. State, 872 N.E.2d 192, 206 (Ind. Ct. App. 2007), trans. denied. The appellant bears the burden of demonstrating his sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006). When considering the nature of the offense, the advisory sentence is the starting point to determine the appropriateness of a sentence, Anglemyer v. State, 868 N.E.2d 482, 494 (Ind. 2007), clarified on reh'g 878 N.E.2d 218 (Ind. 2007), because the Legislature selected the advisory sentence as appropriate for the crime committed. Childress v. State, 848 N.E.2d 1073, 1081 (Ind. 2006). For Class D felony battery resulting in bodily injury, Keck was

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Ind. Code

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