Mouhamadou M. Sow v. State of Indiana (mem. dec.)

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Dec 19 2017, 10:17 am the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Cara Schaefer Wieneke Curtis T. Hill, Jr. Wieneke Law Office, LLC Attorney General of Indiana Brooklyn, Indiana Larry D. Allen Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Mouhamadou M. Sow, December 19, 2017 Appellant-Defendant, Court of Appeals Case No. 32A05-1707-CR-1692 v. Appeal from the Hendricks Superior Court State of Indiana, The Honorable Rhett M. Stuard, Appellee-Plaintiff. Judge Trial Court Cause No. 32D02-1604-F3-20 Pyle, Judge. Court of Appeals of Indiana | Memorandum Decision 32A05-1707-CR-1692 | December 19, 2017 Page 1 of 10 Statement of the Case [1] Mouhamadou Sow (“Sow”) appeals his convictions, entered following a guilty plea, for Level 3 felony operating a motor vehicle while intoxicated (“OVWI”) causing serious bodily injury and leaving the scene 1 and two counts of Level 6 felony OVWI causing serious bodily injury.2 On appeal, he argues that the trial court abused its discretion by failing to consider a mitigating factor and that his sentence was inappropriate. Because we find that the trial court did not abuse its discretion and that Sow’s sentence was not inappropriate, we affirm the trial court’s decision. [2] We affirm. Issues 1. Whether the trial court abused its discretion when it sentenced Sow. 2. Whether Sow’s sentence was inappropriate. Facts [3] Around 8 a.m. on April 16, 2016, Sow was driving westbound on U.S. 40 near Plainfield when he crossed the double yellow line into oncoming traffic. Nikki Shoultz (“Shoultz”) was driving eastbound in the lane that Sow entered and 1 IND. CODE § 9-26-1-1.1(a)(2). 2 I.C. § 9-30-5-4(a)(1). Court of Appeals of Indiana | Memorandum Decision 32A05-1707-CR-1692 | December 19, 2017 Page 2 of 10 was unable to avoid his car as there were cars in the lane next to her. As a result, Sow collided into Shoultz’s car, head-on and going full speed. [4] Shoultz’s thirteen-year-old daughter and her daughter’s thirteen-year-old friend, Brooke (“Brooke”), were in the backseat of Shoultz’s car at the time of the crash. After the crash, Shoultz exited the car to check on both of the teenagers and saw that Brooke’s face was covered in blood. Brooke’s face had hit the side of the arm rest in the back seat, and she had lost two of her front, permanent teeth. However, both teenagers were able to walk, and Shoultz took them to the side of the road where Sow was already sitting. [5] A witness who had seen the crash called 9-1-1. When police and ambulance personnel started to arrive, Sow got up and started “walking briskly” up a nearby hill. (Tr. Vol. 2 at 18). He then hid from police officers until he was ...

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