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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: MARK I. COX Richmond, Indiana

Mar 12 2013, 8:42 am

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RYAN D. JOHANNINGSMEIER Deputy Attorney General Indianapolis, Indiana

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

No. 89A01-1206-CR-280

APPEAL FROM THE WAYNE SUPERIOR COURT The Honorable Gregory A. Horn, Judge Cause Nos. 89D02-0911-FC-26, 89D02-0911-FB-27, 89D02-1011-FC-20, 89D02-1011-FC-21, and 89D02-1012-FC-22

March 12, 2013 MEMORANDUM DECISION - NOT FOR PUBLICATION PYLE, Judge

STATEMENT OF THE CASE Jennifer Duff ("Duff") appeals the sentence imposed under five separate cause numbers after she pled guilty to eight counts of forgery, Class C felonies;1 five counts of theft, Class D felonies;2 one count of robbery, a Class C felony;3 three counts of fraud, Class D felonies;4 and one count of dealing in a schedule 1 controlled substance, a Class B felony.5 We affirm. ISSUES 1. 2. Whether Duff waived her right to appeal her sentence. Whether Duff's sentence was inappropriate. FACTS AND PROCEDURAL HISTORY On August 12, 2009, Duff called and offered to sell heroin capsules to a person who turned out to be a confidential informant. At Duff's direction, the informant met her at a Village Pantry, where she sold him three heroin capsules. On November 18, 2009, she was charged with dealing in a schedule 1 controlled substance arising from this incident. The case was charged under Cause No. 89D02-0911-FB-27 ("Cause No. 27").

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