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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. ATTORNEY FOR APPELLANT: CHARLES WHITE BRIAN SALWOWSKI Law Office of Charles White Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GARY R. ROM Deputy Attorney General Indianapolis, Indiana

FILED
Dec 29 2011, 9:14 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
SUMMER BELLI-McINTYRE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 83A01-1101-CR-5

APPEAL FROM VERMILLION CIRCUIT COURT The Honorable Bruce V. Stengel, Judge Cause No. 83C01-0911-FB-13

December 29, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant Summer Belli-McIntyre appeals her sentence following her guilty plea to Class B felony Neglect of a Dependent.1 Upon appeal, Belli-McIntyre claims that the trial court based her sentence upon certain improper allegations and statements. Belli-McIntyre also challenges the trial court's restitution order. We affirm. FACTS AND PROCEDURAL HISTORY On or about August 5, 2009, Belli-McIntyre knowingly placed her infant daughter, I.G.B-M., who was a dependent in her care, into a situation endangering I.G.B-M.'s life and health. This caused I.G.B-M., who was two months old at the time, to suffer serious bodily injury, including head trauma, multiple skull fractures, retinal hemorrhage, and a fracture of the right tibia. These injuries would not have occurred but for Belli-McIntyre's acts or omissions. On November 19, 2009, the State charged Belli-McIntyre with Class B felony battery (Count 1). The probable cause affidavit accompanying Count 1 contained

conclusions by three doctors that Belli-McIntyre's explanations for I.G.B-M.'s injuries were not consistent with the injuries themselves, and/or that the injuries were consistent with abuse. On October 27, 2010, the State filed an amended information charging Belli-McIntyre with Class B felony neglect of a dependent. (Count 2) That day, BelliMcIntyre entered into a plea agreement with the State in which she agreed to plead guilty to Count 2, and the State agreed to dismiss Count 1. The plea agreement further provided that Belli-McIntyre was to receive a ten-year sentence, that the State would not make a sentencing recommendation and that Belli-McIntyre could argue for a fully
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Ind. Code

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