Preview:

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: ANNA ONAITIS HOLDEN Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana WADE JAMES HORNBACHER Deputy Attorney General Indianapolis, Indiana

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

IN THE COURT OF APPEALS OF INDIANA
ROGER L. STOREY, Appellant- Defendant, vs. STATE OF INDIANA, Appellee- Plaintiff, ) ) ) ) ) ) ) ) )

Jul 06 2010, 9:23 am

CLERK

No. 57A05-1001-CR-40

APPEAL FROM THE NOBLE CIRCUIT COURT The Honorable G. David Laur, Judge Cause No. 57C01-0910-FC-66

July 6, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Judge

Case Summary and Issue Roger Storey appeals his six-year executed sentence following a guilty plea to nonsupport of a dependent child, a Class C felony. Storey raises one issue for our review: whether the sentence is inappropriate in light of the nature of the offense and Storey's character. Concluding Storey's sentence is not inappropriate, we affirm. Facts and Procedural History On October 3, 1995, the DeKalb County Circuit Court ordered Storey to pay $38.50 per week in child support. A few days after that order, Storey was incarcerated for a Class C felony burglary charge and was not released until January 2007. During his incarceration, Storey was not on work release so he made no child support payments. A large part of the $28,610.47 Storey owed in child support as of December 2, 2009, accrued while he was incarcerated. Upon release from prison, Storey worked

periodically as a maintenance man for an out-of-state property manager, and occasionally made small support payments. 2008. On October 5, 2009, the State charged Storey with nonsupport of a dependent child as a Class C felony. On October 15, 2009, Storey pleaded guilty and was released on his own recognizance with the condition that he either pay $1,500.00 of the back child support by the following Friday or report to the Noble County Jail. The $1,500.00 sum was later reduced by agreement to $1,000.00, but Storey only paid $600.00 by the deadline. Storey did not report to jail and avoided apprehension by police officers by not attending work. On December 3, 2009, the trial court held a sentencing hearing and
2

However, he has not made a payment since May 24,

sentenced Storey to six years in the Department of Correction. Storey now appeals his sentence. Discussion and Decision I. Standard of Review Storey's six-year sentence for nonsupport of a dependent child is two years over the advisory and two years under the statutory maximum sentence for a Class C felony. See Ind. Code

Download Roger L. Storey v. State of Indiana.pdf

Indiana Law