Preview:

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: LORRAINE L. RODTS Special Assistant to the Public Defender Bloomington, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

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

No. 44A03-0609-CR-405

APPEAL FROM THE LAGRANGE CIRCUIT COURT The Honorable J. Scott Vanderbeck, Judge Cause No. 44C01-0412-FA-4

December 19, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Fred Messer appeals the sentence imposed following his plea of guilty to manufacturing methamphetamine as a class A felony. 1 We affirm in part, reverse in part and remand. ISSUES 1. Whether the trial court improperly imposed a condition of probation. 2. Whether the trial court properly calculated Messer's credit time. FACTS On December 6, 2004, deputies with the LaGrange County Sheriff's Department went to an apartment in Wolcottville to investigate a report that methamphetamine was being manufactured. The deputies discovered an active methamphetamine lab and

several precursors. The deputies arrested Messer, who had attempted to flee through the apartment's second floor window. On December 9, 2004, the State charged Messer with manufacturing methamphetamine as a class A felony, possession of methamphetamine as a class B felony and maintaining a common nuisance as a class D felony. On August 1, 2005, the trial court held a guilty plea hearing, during which Messer stated that he wanted to plead guilty to manufacturing methamphetamine as a class A felony pursuant to an oral plea agreement. The trial court took Messer's plea of guilty under advisement and ordered that the parties' plea agreement be reduced to writing.

1

Ind. Code

Download Fred Messer v. State of Indiana.pdf

Indiana Law