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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 29 2009, 9:28 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DANIEL M. GROVE Special Assistant to the Public Defender of Indiana Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

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

No. 57A05-0906-CR-330

APPEAL FROM THE NOBLE SUPERIOR COURT The Honorable Robert E. Kirsch, Judge Cause No. 57D01-0811-FA-19

December 29, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Jeanne Jimenez appeals her ten-year sentence for Aiding in the Manufacture of Methamphetamine, as a Class B felony,1 alleging that the sentence is inappropriate.2 We affirm. Facts and Procedural History On June 8, 2008, Jimenez was in the Kendalville Wal-Mart when she placed some items in a bag and began walking out of the store without paying for the merchandise. On November 6, 2008, Jimenez picked up a pair of pliers while in the Avilla Hardware Store in Noble County and walked out without paying for them. For these incidents, the State charged Jimenez with two counts of Conversion, as Class A misdemeanors.3 On November 22, 2008, in exchange for forty dollars, Jimenez drove Jacob Phillips and Randolph Marks to a store in Noble County and purchased Pseudoephedrine for them. She then drove one of them to a separate store so a second box could be purchased as well as some tubing and batteries. Jimenez was aware that these items were purchased so that Phillips and Marks could manufacture methamphetamine. After returning Phillips and Marks to Phillips's apartment, Jimenez received a call from Phillips in which he said that the container used to make the methamphetamine exploded. The State charged Jimenez with Aiding in the Manufacture of Methamphetamine, as a

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Ind. Code

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