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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
Feb 08 2008, 9:51 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JASON A. CHILDERS Anderson, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JESSICA A. MEEK Deputy Attorney General Indianapolis, Indiana

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

No. 48A04-0706-CR-355

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Dennis D. Carroll, Judge Cause No. 48D01-0607-FB-215

February 8, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Richard W. Dailey appeals the sixteen-year, executed sentence he received following his convictions, entered upon his guilty plea, of Criminal Recklessness1 and Mistreatment or Interfering With a Law Enforcement Animal,2 both class A misdemeanors, Resisting Law Enforcement3 and Battery Resulting in Bodily Injury,4 both class D felonies, and Dealing in Cocaine,5 a class B felony. Dailey presents the following restated issues for review: 1. Did the trial court err in failing to find remorse as a mitigating factor? Was Dailey's sentence inappropriate?

2.

We affirm. The facts favorable to the judgment are that on July 11, 2006, the Madison County Drug Task Force received information that Dailey was going to deliver cocaine to Larry Denton. Officers conducting surveillance of Denton's house saw Dailey's vehicle pull into Denton's driveway. Police officers pulled their vehicle behind Dailey's, approached his vehicle, and saw him move a brown box in the passenger seat. Officers identified

1

Ind. Code Ann.

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