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: SUZY ST. JOHN Marion County Public Defender Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

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

Dec 27 2010, 9:54 am

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

CLERK

No. 49A02-1003-CR-346

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Rebecca Pierson-Treacy, Judge The Honorable Steven J. Rubick, Magistrate Cause No. 49F19-0905-CM-43578

December 27, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Steve Uribe appeals the 180 day executed portion of his 365 day sentence for criminal recklessness. As the trial court did not abuse its discretion, we affirm. FACTS AND PROCEDURAL HISTORY In the early morning of April 28, 2009, Uribe was pulled over by Officer Geoffrey Barbieri for traveling at a high rate of speed in an area with a posted speed limit of 35 miles per hour. Uribe was charged with Class A misdemeanor carrying a handgun without a license,1 Class A misdemeanor criminal recklessness,2 and Class B misdemeanor reckless driving.3 On March 2, 2010, after a bench trial, Uribe was found guilty of Class A misdemeanor criminal recklessness4 and sentenced to 365 days, with 180 days incarcerated and 185 days suspended to probation. DISCUSSION AND DECISION Sentencing decisions are within the sound discretion of the trial court. Anglemyer v. State, 868 N.E.2d 489, 490 (Ind. 2007), clarified on reh'g 875 N.E.2d 218 (Ind. 2007). As long as the sentence falls within the statutory range, it is subject to review only for abuse of discretion. Id. A trial court abuses its discretion when its decision is "clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom." Id. For his conviction of Class A misdemeanor criminal recklessness, the court sentenced

1 2

Ind. Code

Download Steve Uribe v. State of Indiana.pdf

Indiana Law