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Lewis v. State

Court of Appeals of Indiana

April 28, 2015

Zachery L. Lewis, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Huntington Superior Court. The Honorable Jeffrey R. Heffelfinger, Judge. Cause No. 35D01-1407-F6-196.

ATTORNEY FOR APPELLANT: Jeremy K. Nix, Matheny, Hahn, Denman & Nix, L.L.P., Huntington, Indiana.

ATTORNEY FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Christina D. Pace, Deputy Attorney General, Indianapolis, Indiana.

Najam, Judge. Mathias, J., and Bradford, J., concur.

OPINION

Page 540

Najam, Judge.

Statement of the Case

[¶1] Zachery L. Lewis appeals his sentence following his convictions for two counts of battery, one as a Level 6 felony, and one as a Class A misdemeanor. Lewis presents three issues for our review, which we consolidate and restate as the following two issues:

1. Whether the two batteries constitute an episode of criminal conduct under Indiana Code Section 35-50-1-2(c).
2. Whether the trial court abused its discretion when it sentenced him.

We affirm.

Facts and Procedural History

[¶2] On July 24 and 25, 2014, Lewis and his live-in girlfriend, Kelsey Cohen, engaged in a protracted and heated argument. Cohen finally went to sleep at approximately 6:00 a.m. on July 25. At approximately 9:00 that morning, Cohen awoke to find Lewis holding a hot hair straightening tool against her thigh, which burned her skin. And Cohen later discovered that Lewis had shaved off a portion of one of her eyebrows while she slept.

[¶3] Later on July 25, Cohen went to the home of a friend, Jacque Stephan. And at approximately 11:00 or 11:30 that night, Lewis went to Stephan's house to see Cohen. Cohen and Stephan, who were inside the house, heard Lewis yelling Cohen's name from outside. Cohen and Stephan went outside and told Lewis to leave, but he refused. Stephan again asked Lewis to leave, and he pushed her to ...


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