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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: STEPHENIE K. GOOKINS Campbell Kyle Proffitt LLP Noblesville, Indiana

FILED
Sep 11 2009, 8:48 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE DONGIEUX WIGGINS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
TIMOTHY MAX BLOOM, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

No. 29A02-0906-CR-508

APPEAL FROM THE HAMILTON SUPERIOR COURT The Honorable Wayne A. Sturtevant, Judge Cause No. 29D05-0807-FD-4289

September 11, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant/Defendant Timothy Bloom appeals from the sentence imposed following his guilty plea to Class D felony Operating a Vehicle while Intoxicated ("OWI")1 and the admission that he is a Habitual Substance Offender ("HSO").2 Bloom contends that his aggregate seven-year sentence is inappropriate in light of the nature of his offense and his character. We affirm. FACTS AND PROCEDURAL HISTORY At approximately 3:10 p.m. on July 3, 2008, Bloom was driving his pickup on State Road 37 in Hamilton County when he crossed the center line and struck a vehicle driven by Lora Owen. Although Bloom fled the scene, he was soon apprehended, and his blood alcohol concentration was determined to be .22 grams of alcohol per 100 milliliters of blood. At the time, Bloom had at least two unrelated prior convictions for OWI. The State charged Bloom with two counts of Class D felony leaving the scene of accident resulting in injury, Class A misdemeanor OWI, Class D felony OWI, and with being an HSO. On November 10, 2008, Bloom pled guilty to Class D felony OWI and admitted to being an HSO. On January 12, 2009, the trial court sentenced Bloom to three years of incarceration for Class D felony OWI, enhanced four years by virtue of his HSO status. DISCUSSION AND DECISION Bloom contends that his seven-year sentence is inappropriate in light of the nature of his offense and his character. We "may revise a sentence authorized by statute if, after due

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Ind. Code

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