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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: ALAN K. WILSON Muncie, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

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

No. 18A02-0610-CR-840

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable Richard A. Dailey, Judge Cause No. 18C02-0501-FD-1

May 11, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Tiffany Hendrickson appeals her three-year sentence for Class D felony causing serious bodily injury while operating a motor vehicle with a blood alcohol concentration of at least 0.08. We affirm. Issue Hendrickson raises two issues on review, which we combine and restate as whether her sentence is proper. Facts On October 15, 2004, Hendrickson consumed a considerable amount of hard liquor. Hendrickson was pregnant at the time. She then drove her vehicle with her seven-year-old daughter in the backseat. Hendrickson's vehicle struck another vehicle and caused serious bodily injury to the vehicle's driver, Cathy Collins. Cathy was in a coma for five weeks and remained in the hospital for a total of eight weeks. She experienced brain damage, had several broken bones, and suffered a collapsed lung. The vehicle's passenger, Perry Collins, received a compound fracture to his arm. Hendrickson was charged with Class D felony causing serious bodily injury while operating a motor vehicle with a blood alcohol concentration of at least 0.08 and Class D felony neglect of a dependent. Hendrickson pled guilty to Class D felony causing serious bodily injury while operating a motor vehicle with a blood alcohol concentration of at least 0.08. The Class D felony neglect of a dependent charge was dismissed pursuant to the plea agreement. The trial court sentenced Hendrickson to the maximum possible sentence, three years imprisonment. 2

Analysis In response to the Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), our legislature amended the sentencing statutes to replace "presumptive" sentences with "advisory" sentences, effective April 25, 2005. Under the post-Blakely statutory scheme, a court may impose any sentence that is authorized by statute and permissible under the Indiana Constitution "regardless of the presence or absence of aggravating circumstances or mitigating circumstances." Ind. Code

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