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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: L. ROSS ROWLAND Public Defender's Office Muncie, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

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

No. 18A02-0704-CR-335

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable Robert L. Barnet, Judge Cause No. 18C03-0612-FD-158

December 31, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge Timothy Runyon appeals his two-year sentence for intimidation as a Class D

felony.1 Runyon claims the court improperly overlooked mitigators supported by the evidence in the record. We affirm. FACTS AND PROCEDURAL HISTORY The State charged Runyon with intimidation, resisting law enforcement as a Class A misdemeanor,2 disorderly conduct as a Class B misdemeanor,3 and public intoxication as a Class B misdemeanor.4 Runyon agreed to plead guilty to intimidation, and the State agreed to dismiss the remaining counts. Sentencing was left to the court's discretion. After a hearing, the court found four aggravators and three mitigators,5 then sentenced Runyon to two years with one year suspended to probation.6 DISCUSSION AND DECISION Runyon asserts the court overlooked three mitigators: hardship to Runyon's

family, Runyon's mental illness, and Runyon's efforts to control his illness with medication.7 Runyon's analysis of this issue consists of a case law quotation and two

Ind. Code

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