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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: ROBERT J. PENNEY Pearlman Chosnek & Hopson, P.C. Lafayette, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General Of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

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

No. 79A05-0703-CR-168

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Donald C. Johnson, Judge Cause No. 79D01-0508-FA-27

December 3, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Judge

Case Summary and Issue Following a guilty plea, Charmin Wilson appeals her sentence for dealing in cocaine, a Class A felony. On appeal, Wilson raises one issue, which we restate as whether her sentence of thirty years, with twenty-five years executed and five suspended, is inappropriate based on the nature of the offense and her character. Concluding that Wilson's sentence is not inappropriate, we affirm. Facts and Procedural History On three occasions in July and August 2005, Wilson sold cocaine to a confidential police informant. Based on these sales, police officers from the Tippecanoe County Drug Task Force obtained and executed a warrant to search Wilson's residence. The officers' search resulted in the seizure of drugs, drug paraphernalia, and money, as well as the arrest of Wilson and four others. The State charged Wilson with four counts of dealing in cocaine, all Class A felonies; conspiracy to deal in cocaine, a Class A felony; three counts of possession of cocaine, one as a Class A felony and two as Class B felonies; maintaining a common nuisance, a Class D felony; and possession of paraphernalia, a Class A misdemeanor. Wilson entered into a plea agreement where she agreed to plead guilty to one count of dealing in cocaine. In exchange for Wilson's guilty plea, the State agreed to dismiss the remaining charges. Sentencing was left to the trial court's discretion, except that the executed portion of Wilson's sentence could not exceed twenty-five years.

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The trial court took Wilson's plea under advisement until it reviewed the presentence investigation report ("PSI") and heard evidence on sentencing. At the sentencing hearing, the trial court made the following observations: The thing, Charmin, that I like about you is I looked at your, your [PSI]. As people do get older, they're more apt to want to change and straighten up cause health becomes more of a problem and your heart's just not gonna take being, using this coke like you've been using it. Nine out of ten people I see do not have a high school degree, but you got one. And you not only have a high school degree, you got a [Certified Nursing Assistant] license and you've gone to some other schools to better yourself. And so you have, you have all the skills to be a useful member of society and you worked seventeen (17) years at one job, which is to your credit. Yet at the same time, you had

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