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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
Aug 08 2008, 9:11 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: GREGORY BOWES Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SHELLEY M. JOHNSON Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DARYL W. BARTON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A04-0711-CR-636

APPEAL FROM THE MARION SUPERIOR COURT The Honorable William E. Young, Judge The Honorable Michael Jensen, Magistrate Cause No. 49G20-0610-FA-189403

August 8, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Daryl W. Barton ("Barton") appeals the denial of his motion to withdraw his plea of guilty to Dealing in Cocaine, as a Class B felony. 1 We affirm. Issue Barton presents one issue for review: whether the trial court abused its discretion by refusing to allow him to withdraw his guilty plea. Facts and Procedural History On October 4, 2006, the State charged Barton with Dealing in Cocaine, as a Class A felony, and Possession of Cocaine, as a Class C felony. 2 On August 22, 2007, Barton pleaded guilty to Dealing in Cocaine, as a Class B felony, and the State agreed to forego prosecution of the possession charge. The charge to which Barton pleaded guilty provided: "Daryl Barton on or about October 2nd, 2006 knowingly possessed with intent to deliver, a controlled substance that is cocaine." (Tr. 11.) Pursuant to the terms of the plea agreement, Barton's sentence was capped at fifteen years. On September 7, 2007, Barton filed a verified motion for withdrawal of his guilty plea. On September 25, 2007, the trial court conducted a hearing regarding the motion and denied the same. On October 16, 2007, Barton was sentenced to fifteen years imprisonment. He now appeals.

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Ind. Code

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