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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 23 2008, 8:46 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: ERIC COBB Greencastle, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ERIC COBB, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-0804-CR-373

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Jeffrey L. Marchal, Judge Pro Tempore Cause No. 49G06-0508-FA-115453

December 23, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Eric Cobb appeals his sentence for burglary as a class A felony,1 criminal confinement as a class B felony,2 and being an habitual offender.3 Cobb raises four issues, which we consolidate and restate as whether the trial court violated the terms of Cobbs plea agreement when it enhanced Cobbs sentence for criminal confinement as a class B felony by ten years for Cobbs status as an habitual offender.4 We affirm. The relevant facts follow. In August 2005, the State charged Cobb with: Count I, burglary as a class A felony; Count II, robbery as a class B felony; and Count III, criminal confinement as a class D felony. Later, the State also charged Cobb with Count IV, being an habitual offender, and Count V, criminal confinement as a class B felony.5 Cobb pled guilty to Count I, burglary as a class A felony, Count IV, being an habitual offender, and Count V, criminal confinement as a class B felony, and the State
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Ind. Code

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