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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: TIMOTHY M. SLEDD Bedford, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CLAUDE DAVID SWARTZ, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 47A01-0609-CR-396

APPEAL FROM THE LAWRENCE CIRCUIT COURT The Honorable Andrea McCord, Judge Cause Nos. 47C01-0210-FC-609;47C01-0510-FB-581;47C01-0512-FD-704

March 12, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Claude David Swartz brings this consolidated appeal from the sentences imposed by the trial court following the revocation of a suspended sentence and guilty pleas to two counts of Possession of Methamphetamine,1 a class D felony, and to being a habitual offender 2 . In particular, Swartz contends that the trial court erred in failing to consider his guilty pleas as a mitigating circumstance and that the sentences are inappropriate in light of the nature of the offenses and his character. Finding no error, we affirm the judgment of the trial court. FACTS Cause No. 47C01-0510-FB-581 ("cause 581") On October 3, 2005, Swartz possessed methamphetamine, which he then injected into his body. On October 6, 2005, the State charged Swartz with class B felony dealing in methamphetamine and class D felony possession of precursors. On November 23, 2005, Swartz pleaded guilty to class D felony possession of methamphetamine in exchange for the State's agreement to amend the class B felony dealing charge to the class D felony possession charge and to dismiss its petition for revocation of Swartz's sentence in another cause. 3

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