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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 2008, 9:07 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: EVELYN HANSEN-DAVIS Evansville, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DEREK E. BAKER, SR., Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 82A05-0804-CR-201

APPEAL FROM THE VANDERBURGH CIRCUIT COURT The Honorable David D. Kiely, Magistrate Cause No. 82C01-0601-FC-85

December 30, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Derek E. Baker appeals his placement in the Department of Correction, arguing the court abused its discretion when it failed to place him on home detention. We find no abuse of discretion and affirm. FACTS AND PROCEDURAL HISTORY On January 20, 2006, police officers were dispatched to Baker's home. Baker consented to a search of his home and police found cocaine, marijuana, drug paraphernalia, and a gun. The State charged Baker with Class C felony possession of cocaine,1 Class A misdemeanor possession of marijuana,2 Class A misdemeanor possession of paraphernalia,3 and Class B felony possession of a firearm by a serious violent felon.4 Due to Baker's health problems, numerous trial dates were cancelled and rescheduled. On January 30, 2008, Baker pled guilty to Class C felony possession of cocaine and Class B felony possession of a firearm by a serious violent felon. The plea

agreement required the State to dismiss the two remaining charges under that cause number in addition to a Class D felony possession of marijuana charge under another cause number. The plea agreement capped the Class C felony sentence at two years, capped the Class B felony sentence at eight years, and required the sentences be served concurrently. Finally, the agreement called for the court to resolve a pending petition to revoke probation under a third cause number by discharging Baker unsatisfactorily from
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Ind. Code

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