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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.

FILED
Dec 30 2011, 9:12 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ELIZABETH A. BELLIN Cohen Law Offices Elkhart, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CHRISTOPHER R. HARDY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A04-1105-CR-233

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable George W. Biddlecome, Judge Cause No. 20D03-0906-FB-14 Cause No. 20D03-0805-FA-30

December 30, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Christopher R. Hardy ("Hardy") pled guilty to and was convicted of Dealing in Methamphetamine, as a Class A felony1; Dealing in Methamphetamine, as a Class B felony2; Possession of Methamphetamine, as a Class D felony3; and Maintaining a Common Nuisance, as a Class D felony4. He now appeals, arguing that his sentence was inappropriate in light of the nature of his offenses and his character. We affirm. Facts and Procedural History On October 18, 2007, at a home in Elkhart County, Hardy manufactured more than three grams of methamphetamine. On May 1, 2008, Hardy was charged with Attempted Dealing in Methamphetamine, as a Class A felony, and Dealing in Methamphetamine, as a Class B felony, under Cause Number 20D03-0805-FA-30 ("Cause FA-30"). On June 7, 2010, the State amended its charging information, charging Hardy only with Dealing in Methamphetamine, as a Class A felony. On March 11, 2009, at a different residence in Elkhart County, police executed a search warrant while Hardy was away. Hardy had been using the residence to manufacture methamphetamine and on that day manufactured less than three grams of the drug. Hardy had also stored already-produced methamphetamine at the residence. On June 8, 2009,

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Ind. Code

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