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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
Jan 25 2008, 9:24 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLANT: MICHAEL H. HAGEDORN WALTER R. HAGEDORN II Tell City, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DARRICK W. O'BRIEN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 62A01-0705-CR-216

APPEAL FROM THE PERRY CIRCUIT COURT The Honorable Lucy Goffinet, Judge Cause No. 62C01-0608-MR-788

January 25, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Darrick O'Brien appeals his conviction and sentence for murder.1 O'Brien raises four issues, which we revise and restate as: I. Whether there was a sufficient factual basis to support O'Brien's guilty plea; Whether the trial judge should have recused herself; Whether the trial court abused its discretion in sentencing O'Brien; and Whether O'Brien's sentence is inappropriate in light of the nature of the offense and the character of the offender.

II. III.

IV. We affirm.2

Ind. Code

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Indiana Law