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: THOMAS D. SARVER Goebel Law Offices Crawfordsville, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
THOMAS J. EATON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 54A04-0708-CR-432

APPEAL FROM THE MONTGOMERY SUPERIOR COURT The Honorable David A. Ault, Judge Cause No. 54D01-0609-FB-231

December 26, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Thomas J. Eaton appeals the six-year term of incarceration that was imposed following his conviction for Attempted Manufacture of Methamphetamine,1 a class B felony. Eaton contends that the trial court erred when it did not issue a sentencing statement and claims that a period of incarceration was not warranted because he was not directly involved in the manufacture of the drug. Hence, Eaton argues that the trial court should have placed him on work release or house arrest. Moreover, Eaton claims that his sentence is inappropriate in light of the nature of the offense and his character. Finding no error, we affirm the judgment of the trial court. FACTS On June 4, 2006, Eaton assisted Ryan Hodges in stealing some anhydrous ammonia, which was the final ingredient that Hodges needed to manufacture methamphetamine. Early that morning, Eaton drove Hodge to a Co-Op in Wingate and waited in the vehicle while Hodge took the ammonia. Sometime after Hodges had manufactured the methamphetamine and given some of it to Eaton, the police arrested Eaton and charged him with the above offense and four other offenses that related to the theft of the anhydrous ammonia. The State also alleged that Hodges was a habitual substance offender. On May 22, 2007, a plea agreement was filed in the trial court, which provided that Eaton would plead guilty to attempted manufacture of methamphetamine in exchange for the

1

Ind. Code

Download Thomas J. Eaton v. State of Indiana.pdf

Indiana Law