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FOR PUBLICATION
ATTORNEY FOR APPELLANT: JOHN PINNOW Greenwood, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana STEPHEN TESMER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Dec 31 2008, 9:06 am

IN THE COURT OF APPEALS OF INDIANA

CLERK

RODNEY NEWKIRK, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff.

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No. 54A04-0712-CR-721

APPEAL FROM THE MONTGOMERY SUPERIOR COURT The Honorable David A. Ault, Judge Cause No. 54D01-0610-FB-256

December 31, 2008 OPINION - FOR PUBLICATION

MAY, Judge

Rodney Newkirk appeals his sentence for three counts of Class B felony operating a vehicle with a controlled substance in the blood causing death1 and two counts of Class D felony operating a vehicle with a controlled substance in the blood causing serious bodily injury.2 We affirm. FACTS AND PROCEDURAL HISTORY On October 1, 2006, Newkirk was driving west on State Road 234 and veered into a group of seven motorcycles in the eastbound lane. Michael Farrell, who was on the first motorcycle, went "full throttle" to get out of Newkirks way, but they "still only missed by inches." (Tr. at 63.) Newkirk collided with Mike Bird, who was on the second motorcycle. Birds leg was torn off, and he died later that night. Newkirk also hit Dr. Bob Brooksby and Maria Shipley, who were on the third motorcycle. Brooksby and Shipley were mangled beneath Newkirks engine and died at the scene. Bill and Donna Belcher, who were riding the fourth motorcycle, were also hit. Bill survived after

undergoing emergency surgery to remove blood clots and has permanent scars from the accident. Donnas foot was amputated and she now walks with a limp. Farrell testified Newkirk was staring straight forward with a blank look as he crashed into the motorcyclists. Newkirk did not offer any assistance to the victims and called his father instead of calling for medical help. Newkirk told an emergency room physician that he might have drugs in his system. A toxicology report indicated Newkirk had methamphetamine in his system.

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Ind. Code

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