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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. ATTORNEYS FOR APPELLANT: ANDREW J. BORLAND Borland & Gaerte Indianapolis, Indiana RUTH JOHNSON Indianapolis, Indiana

FILED
Jun 15 2010, 8:52 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JAMES E. PORTER Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0911-CR-1110

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Lisa F. Borges, Judge Cause No. 49G04-0903-FB-35420

June 15, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Brandon Puckett appeals the trial courts denial of his motion to withdraw his guilty plea. Puckett raises one issue, which we revise and restate as whether the trial

court abused its discretion by denying his motion to withdraw his guilty plea. We affirm. The relevant facts follow. On March 27, 2009, the State charged Puckett with two counts of child molesting as class B felonies in connection with Puckett performing or submitting to sexual intercourse with D.M., a child who was under fourteen years of age, and two counts of child molesting as class C felonies in connection with Puckett performing or submitting to fondling or touching D.M. with the intent to arouse or satisfy the sexual desires of D.M. and/or Puckett.1 Puckett and the State entered into a written plea agreement whereby Puckett agreed to plead guilty to one count of child molesting as a class B felony and the State agreed to dismiss the remaining three charges. In addition, the plea agreement stated that Pucketts sentence would be six years executed. On August 21, 2009, the trial court held a guilty plea hearing. Puckett, who was represented by counsel, pled guilty to one count of child molesting as a class B felony pursuant to the plea agreement, and the trial court accepted the guilty plea. On August 31, 2009, Puckett, by new defense counsel, filed a motion to withdraw guilty plea, which the trial court denied. On September 3, 2009, Puckett filed a verified motion to withdraw guilty plea, alleging that in addition to his mental health defense, he "has a defense of a mistake of fact, as he thought the alleged victim was 16 years of age," that "his attorney told him he was God," and that Puckett was "not aware that he would

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Ind. Code

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