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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
Jul 21 2009, 8:55 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: JERRY LEE DOWNS New Castle, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANN L. GOODWIN Special Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JERRY LEE DOWNS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 27A05-0309-CR-460

APPEAL FROM THE GRANT CIRCUIT COURT The Honorable Thomas R. Hunt, Judge Cause No. 27C01-0304-FB-32

July 21, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Jerry Lee Downs was sentenced pursuant to a plea agreement for criminal confinement, possession of a firearm by a serious violent felon, dealing in methamphetamine, and possession of a machine gun. In this belated direct appeal, he argues that the trial court violated the terms of his plea agreement in sentencing him, that his sentence violates the prohibition against double jeopardy, and that his consecutive sentences violate Blakely v. Washington, 542 U.S. 296 (2004). Because the trial court sentenced Downs in accordance with the plea agreement, the sentence does not constitute double jeopardy, and consecutive sentences do not implicate Blakely, we affirm. Facts and Procedural History The following brief recitation of the facts underlying Downs's convictions was included in a previous decision from this Court: On April 18, 2003, [Downs] placed a 911 call to report the murder of Michele Jaynes. Michael Andry with the Grant County Sheriff's Department arrived at [Downs's] residence and found [Downs] outside his home. [Downs] told Deputy Andry that he had witnessed Michael Collins murder the victim. Later Sergeant James Kinzie received Collins's statement about [Downs's] involvement in the incident. Downs v. State, 827 N.E.2d 646, 648 (Ind. Ct. App. 2005) (quotation omitted), trans. denied. The State charged Downs with two counts of Class B felony criminal confinement,1 Class B felony unlawful possession of a firearm by a serious violent felon,2

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