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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
Jun 14 2012, 8:49 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DERICK W. STEELE Deputy Public Defender Kokomo, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana AARON J. SPOLARICH Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
EDDIE R. SMITH, JR., Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 34A04-1112-CR-658

APPEAL FROM THE HOWARD CIRCUIT COURT The Honorable Lynn Murray, Judge Cause No. 34C01-1107-FC-116

June 14, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge

Eddie R. Smith, Jr. ("Smith") appeals from his sentence after pleading guilty to one count of failure to register as a sex offender1 as a Class D felony. The issue presented for our review is whether Smith's sentence of three years executed is inappropriate in light of the nature of the offense and the character of the offender. We affirm. FACTS AND PROCEDURAL HISTORY In 1996, Smith pleaded guilty to one count of child molesting as a Class C felony. As a result of this conviction, Smith was required to annually register as a sex offender and report changes in his residence within three days. On July 11, 2011, Smith was residing in Kokomo, Indiana, but had not registered there as a sex offender. An officer with the Kokomo Police Department responded to a trespassing complaint and transported Smith to a rescue mission because Smith told the officer that he had been living in Kokomo for six months without a permanent place to stay. After leaving Smith at the mission, the officer discovered that Smith was an unregistered sex offender. When the officer returned to the rescue mission, Smith had already left. On July 13, a Kokomo resident called the police to report an "unwelcome guest." Appellant's App. at 18. An officer responded and took Smith into custody. Smith was charged with one count of failure to register as a sex offender as a Class C felony. After negotiating a plea agreement with the State, Smith pleaded guilty to the lesser-included offense of failure to register as a sex offender as a Class D felony. The trial court accepted

1

See Ind. Code

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