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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: ANN M. SUTTON Indianapolis, Indiana

FILED
Feb 13 2008, 8:42 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEPHEN R. CARTER Attorney General of Indiana Indianapolis, Indiana J.T.WHITEHEAD Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0706-CR-511

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Jose Salinas, Judge Cause No. 49G17-0701-FD-018141

FEBRUARY 13, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION ROBERTSON, Senior Judge

STATEMENT OF THE CASE Defendant-Appellant Tony Harris ("Harris") appeals from his sentence after pleading guilty to escape, a Class D felony; invasion of privacy, a Class A misdemeanor; and domestic battery, a Class A misdemeanor. We affirm. ISSUES Harris presents us with the following issues for our review: I. Whether the trial judge abused his discretion when sentencing Harris by issuing a deficient sentencing statement; and II. Whether the sentence imposed is inappropriate in light of Harris' character and the nature of his offenses. FACTS AND PROCEDURAL HISTORY On December 18, 2006, Harris removed a Secure Continuous Remote Alcohol Monitor ("SCRAM") device that he was required to wear as a condition of pre-trial release in a domestic battery action brought against him. Harris

traveled to Denver, Colorado, and returned to Indianapolis, Indiana with his wife, Jasmine Harris, the victim in the domestic battery action, on December 24, 2006. Harris was also required to have no contact with Jasmine as a condition of his pretrial release. As a result of those actions, Harris was facing a number of charges under several cause numbers. Pursuant to a plea agreement entered into with the State, which combined the several charges, Harris entered guilty pleas to escape, a Class D felony; invasion of privacy, a Class A misdemeanor; and domestic battery, a 2

Class A misdemeanor. Harris was sentenced to 545 days on the escape charge, 72 days executed and 473 days on probation. 1 On the invasion of privacy charge Harris was sentenced to 365 days on probation, to be served concurrently with the escape charge. On the domestic battery count Harris was sentenced to 365 days, 196 executed and 169 days suspended on home detention to be served consecutively to the escape charge. The remaining charges were dismissed. In pronouncing sentence the trial court said that he "agonized over the given aggravators and mitigators on each of the several counts," that Harris' contact with his wife had been invited, and that Harris' military record is to be commended; however, the trial court could not overlook Harris' "blatant disrespect or the blatant violation of the court order." Tr. 41-44. Harris brings this appeal challenging his sentence. DISCUSSION AND DECISION STANDARD OF REVIEW Harris challenges the sentence imposed by the trial court after Harris pled guilty. Sentencing decisions rest within the sound discretion of the trial court and are reviewed on appeal only for an abuse of discretion. Anglemyer v. State, 868 N.E.2d 482, 490 (Ind. 2007). Nothing in the amended statutory regime changes this standard. Id. So long as the sentence is within the statutory range, it is subject to review only for abuse of discretion. Id.

A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1

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