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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 2009, 9:35 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: THOMAS W. VANES Crown Point, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GARY DAMON SECREST Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DARRELL COLLINS ELLER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A03-0906-CR-281

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Thomas P. Stefaniak, Jr., Judge Cause No. 45G04-0711-FB-102

December 30, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Darrell Eller pleaded guilty to Impersonating a Public Servant,1 a class D felony, and Sexual Misconduct with a Minor,2 a class C felony. The trial court subsequently sentenced Eller to concurrent terms of thirty-five months and ninety-five months, respectively. Eller presents one issue for our review: Is his sentence inappropriate in light of the nature of the offense and the character of the offender? We affirm. According to the stipulated factual basis, on July 9, 2006, D.L.s grandmother went to Skate World, a roller skating rink, to pick up her granddaughters. D.L.s grandmother took two of her granddaughters home, but left D.L. with Eller because Eller advised D.L.s grandmother that he was a police officer. Eller told D.L.s grandmother that he would take her home. Before taking D.L. home, Eller drove D.L. to another location where he engaged in sexual intercourse with D.L. At the time, D.L. was fifteen years of age and Eller was at least eighteen years of age. The State initially charged Eller with two counts of impersonating a public servant as class D felonies and one count of sexual misconduct with a minor as a class B felony. The State subsequently amended the charging information to include a charge of sexual misconduct with a minor as a class C felony. On April 14, 2009, Eller entered into a plea agreement with the State, in which he agreed to plead guilty to one count of impersonating a public servant, a class D felony, and to sexual misconduct with a minor as a class C felony,

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Ind. Code Ann.

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