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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
Jan 20 2009, 9:34 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: LEANNA WEISSMANN Lawrenceburg, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

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

No. 15A01-0808-CR-385

APPEAL FROM THE DEARBORN SUPERIOR COURT The Honorable Sally A. Blankenship, Judge Cause No. 15D02-0709-FD-262

January 20, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Shaffer pleaded guilty to one count of Operating a Vehicle While Intoxicated (OWI) in a Manner that Endangered a Person.1 The offense was elevated to a class D felony based on Shaffer's prior OWI conviction within five years immediately preceding the instant offense.2 The trial court subsequently sentenced Shaffer to three years imprisonment. On appeal, Shaffer challenges the appropriateness of his sentence. We affirm. On September 7, 2007, Shaffer operated a vehicle on Main Street and Importing Street in Dearborn County while intoxicated in a manner that endangered a person. On September 10, 2007, the State charged Shaffer with operating a vehicle while intoxicated as a class A misdemeanor, operating a vehicle with a BAC of .15 or higher as a class A misdemeanor, and two additional counts of the same offenses for operating a vehicle while intoxicated with a prior conviction within the previous five years as class D felonies. On January 29, 2008, Shaffer entered into a plea without a written agreement to one of the class D felony offenses. On June 17, 2008, the trial court sentenced Shaffer to the maximum term of three years for a class D felony.3 Shaffer argues that his sentence is inappropriate. We have the constitutional authority to revise a sentence if, after consideration of the trial court's decision, we conclude the sentence is inappropriate in light of the nature of the offense and character of the offender.
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Ind. Code Ann.

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