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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: MICHAEL J. SPENCER Monroe County Deputy Public Defender Bloomington, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana IAN McLEAN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Mar 25 2009, 9:18 am

IN THE COURT OF APPEALS OF INDIANA
TROY D. McCORMICK, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 53A05-0810 CR-571

APPEAL FROM THE MONROE CIRCUIT COURT The Honorable Marc R. Kellams, Judge Cause No. 53C02-0704-FD-309

March 25, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION CRONE, Judge

Case Summary Troy McCormick appeals his conviction and sentence for class D felony resisting law enforcement. We affirm. Issues
I.

Whether the State failed to prove venue; and Whether McCormick's sentence is inappropriate given his character and the nature of the offense. Facts and Procedural History

II.

On March 17, 2007, at approximately 3:10 a.m., Indiana State Police Trooper Mike Adams was on patrol on State Road 46 heading towards Ellettsville. He spotted a vehicle driving eighty miles an hour and activated his lights and siren to get the driver to stop. The driver, McCormick, increased his speed. Trooper Adams pursued the vehicle. McCormick's vehicle blew a tire and slowed to approximately thirty to forty miles per hour. After driving about six or seven miles, McCormick's vehicle stopped on Garrison Chapel Road. Trooper Adams pulled his car up to McCormick's car door to prevent him from escaping, but McCormick and his passenger exited through the passenger's door and fled. On March 18, 2007, McCormick called the Indiana State Police Post to report his car stolen. Trooper Adams informed McCormick that he would need to come to the post to pick up the car. McCormick went to retrieve his car the next day, and Trooper Adams accused McCormick of driving the car. The State charged McCormick with class D felony resisting law enforcement. At the close of the trial, McCormick moved for a directed verdict for failure to
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establish venue. The trial court took judicial notice that the map used by Trooper Adams during his testimony about the car chase was of Monroe County and denied the motion. On April 24, 2008, a jury found McCormick guilty as charged. The trial court sentenced McCormick to three years with all but 240 days suspended. Discussion and Decision I. Venue "The right to be tried in the county in which an offense was committed is a constitutional and statutory right." Baugh v. State, 801 N.E.2d 629, 631 (Ind. 2004) (citing IND. CONST. art. 1,

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