FILED Dec 12 2019, 9:06 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE R. Brian Woodward Curtis T. Hill, Jr. Crown Point, Indiana Attorney General of Indiana Tiffany A. McCoy Deputy Attorney General Molly M. McCann Certified Legal Intern Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Javier Antonio Zavala, December 12, 2019 Appellant-Defendant, Court of Appeals Case No. 19A-CR-558 v. Appeal from the Lake Superior Court State of Indiana, The Honorable Diane Ross Appellee-Plaintiff. Boswell, Judge Trial Court Cause No. 45G03-1407-FB-48 Darden, Senior Judge. Court of Appeals of Indiana | Opinion 19A-CR-558 | December 12, 2019 Page 1 of 19 Statement of the Case [1] Javier Antonio Zavala appeals challenging his sentence after he pleaded guilty 1 2 to one count of battery causing serious bodily injury, a Class C Felony. We affirm. Issues [2] Zavala raises two sentencing issues, which we restate as the following questions: I. Did the trial court abuse its discretion by failing to accept a proffered mitigating circumstance? II. Is Zavala’s sentence inappropriate in light of the nature of the offense and the character of the offender? Facts and Procedural History [3] On July 1, 2014, Zavala was charged with one count of aggravated battery as a Class B felony, one count of battery committed by means of a deadly weapon, a Class C felony, and one count of battery resulting in serious bodily injury, a Class C felony. He was arrested on July 23, 2014 and posted bond on July 24, 2014. Numerous continuances were requested and granted as follows: (1) September 12, 2014 Zavala’s motion to continue the omnibus hearing was 1 Ind. Code § 35-42-2-1(a)(3) (2012). 2 Ind. Code § 35-50-2-6 (2005). Court of Appeals of Indiana | Opinion 19A-CR-558 | December 12, 2019 Page 2 of 19 granted; (2) October 2, 2014 Zavala’s motion to continue was granted; (3) December 9, 2014 Zavala’s motion to continue was granted; (4) June 15, 2015 Zavala’s motion to continue the pre-trial conference was granted; (5) July 9, 2015 Zavala’s motion to vacate the jury trial date was granted; (6) August 27, 2015 Zavala’s request to reset the jury trial date was granted; (7) October 13, 2015 Zavala’s motion to continue was granted; (8) November 17, 2015 Zavala’s motion to continue was granted; (9) January 7, 2016 Zavala’s request to reset an omnibus hearing was granted; (10) March 9, 2016 Zavala’s request to reset the omnibus hearing was granted; (11) April 13, 2016 Zavala’s motion to continue was granted; (12) June 8, 2016 Zavala’s request to reset a hearing was granted; (13) July 21, 2016 Zavala’s request to reset the omnibus hearing was granted; (14) October 5, 2016 Zavala’s request to reset the omnibus hearing was granted; (15) November 17, 2016 Zavala’s request to reset a status hearing was granted; (16) December 21, 2016 Zavala’s request to reset a hearing was granted; (17) February 15, 2017 Zavala’s motion to continue was granted; (18) April ...
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