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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: LORINDA MEIER YOUNGCOURT Huron, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

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

No. 47A01-0605-CR-192

APPEAL FROM THE LAWRENCE SUPERIOR COURT The Honorable William Sleva, Judge Cause No. 47D02-0403-FA-203

June 26, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

David R. Jones appeals his sentence, entered upon his guilty plea, for class B felony Dealing Cocaine. 1 The trial court sentenced Jones to twenty years in prison. Jones presents the following restated issues for review: 1. Did the trial court violate Blakely v. Washington when it enhanced Jones's sentence to the maximum sentence for a class B felony? Is Jones's sentence inappropriate in light of his character and the nature of his offenses?

2.

We affirm. On March 16, 2004, police obtained a search warrant, based on information provided by a confidential informant, to search Jones's home. During the search, police discovered 43 grams of cocaine. On March 18, 2004, the State charged Jones with class A felony dealing cocaine. On August 15, 2005, Jones entered a negotiated plea agreement whereby he agreed to plead guilty to a lesser charge of class B felony dealing cocaine. By the terms of the plea agreement, sentencing was left to the trial court. On February 21, 2006, the trial court sentenced Jones to twenty years in prison, with five years suspended to supervised probation. This appeal ensued. 1. Jones first asserts on appeal that the trial court abused its discretion in sentencing him to the maximum possible sentence for a class B felony. Specifically, Jones claims that the trial court gave "undue weight to Jones's unrelated criminal history", failed to

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Ind. Code Ann.

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