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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: EARL McCOY Law Office of Earl McCoy Lafayette, Indiana

FILED
Oct 13 2009, 10:08 am
of the supreme court, court of appeals and tax court

CLERK

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

IN THE COURT OF APPEALS OF INDIANA
JAMES ALBERT LOWE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A02-0903-CR-274

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Thomas H. Busch, Judge Cause No. 79D02-0805-FA-23

October 13, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Appellant-Defendant James Lowe appeals following his convictions, pursuant to a guilty plea, for Class B felony Dealing in Methamphetamine1 and Class C felony Burglary,2 for which he received an aggregate sentence of ten years in the Department of Correction. Upon appeal, Lowe challenges his sentence.3 We affirm. FACTS AND PROCEDURAL HISTORY The following facts served as the factual basis for Lowes guilty plea at the December 17, 2008 hearing. On May 11, 2008, Lowe and Heather Eylens entered a vacant duplex owned by David Crandall at 2022-A Bridgewater Circle in Lafayette with the intent to manufacture methamphetamine there. While inside, Lowe and Eylens began the methamphetamine manufacturing process by soaking pills in water. On May 16 and August 26, 2008, the State charged Lowe with Class A felony dealing in methamphetamine (Count I); Class C felony illegal drug lab (Count II); Class A felony conspiracy to manufacture methamphetamine (Count III); Class A misdemeanor possession of paraphernalia (Count IV); Class C felony burglary (Count V); Class D felony theft (Count VI); and two counts of criminal trespass (Counts VII and VIII). On December 17, 2008, the State amended Count I to a Class B felony. That day, Lowe

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