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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: MARCE GONZALEZ, JR. Merrillville, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DONTE TERRELL PAULK, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A03-0604-CR-175

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Diane Ross Boswell, Judge Cause No. 45G03-0503-FA-12

October 23, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Donte Terrell Paulk ("Paulk") appeals the sentence imposed upon his plea of guilty to Possession of Cocaine, as a Class C felony. 1 The State crossappeals, seeking dismissal of the appeal for lack of jurisdiction. We dismiss. Issues Paulk presents the sole issue of whether his sentence is inappropriate. The State presents a single issue: whether Paulk's failure to file a timely notice of appeal should result in the dismissal of this appeal. Facts and Procedural History On March 3, 2005, Paulk and two accomplices possessed 11.94 grams of crack cocaine at 2173 Garnett Street in Gary, Indiana. On March 5, 2005, the State charged Paulk with three counts of Dealing in Cocaine, as Class A felonies, 2 two counts of Maintaining a Common Nuisance, as Class D felonies, 3 and one count of Battery, as a Class A misdemeanor. 4 On February 16, 2006, Paulk and the State filed a Stipulated Plea and Agreement, whereby Paulk would plead guilty to Possession of Cocaine, a Class C felony and any other charges would be dismissed. The agreement provided for a sentencing cap of five years.

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