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FOR PUBLICATION
ATTORNEY FOR APPELLANT: MARIELENA LINDKE South Bend, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

FILED
IN THE COURT OF APPEALS OF INDIANA
FILEMON SANCHEZ, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )
Aug 04 2008, 9:59 am
of the supreme court, court of appeals and tax court

CLERK

No. 20A03-0712-CR-611

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable George W. Biddlecome, Judge Cause No. 20D03-0705-FA-26

August 4, 2008 OPINION - FOR PUBLICATION

MAY, Judge

Filemon Sanchez appeals his sentence of forty years in the Indiana Department of Correction for Class A felony dealing in cocaine.1 Sanchez argues the sentence is inappropriate based on his character and the nature of his offense. We affirm. FACTS AND PROCEDURAL HISTORY Sanchez is an illegal alien from Mexico who has lived in Elkhart for two years. On four occasions between April 9, 2007, and April 25, 2007, Sanchez sold cocaine to an undercover officer from the Elkhart County Interdiction and Covert Enforcement Unit. On each occasion he sold over three grams, making each sale a Class A felony. Sanchez was arrested after the fourth sale and charged with four counts of Class A felony dealing in cocaine. Sanchez agreed to plead guilty to Count IV, and the State agreed to dismiss the remaining three counts. His sentence would be capped at forty years executed and any other terms would be left to the trial court. On November 8, 2007, the trial court sentenced Sanchez to forty years imprisonment. The trial court found Sanchez's status as an illegal alien an aggravator. It found Sanchez's lack of criminal history and his willingness to accept responsibility were mitigators. DISCUSSION AND DECISION Sentencing decisions are within the trial court's discretion. Anglemyer v. State, 868 N.E.2d 482, 488 (Ind. 2007), clarified on reh'g on other grounds 875 N.E.2d 218

1

Ind. Code

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