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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.

ATTORNEYS FOR APPELLANT: JAMES D. CRUM LAURA E. TRULOCK Coots Henke & Wheeler, P.C. Carmel, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana

MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

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

No. 29A02-0610-CR-839

APPEAL FROM THE HAMILTON CIRCUIT COURT The Honorable Judith Proffitt, Judge Cause No. 29C01-0110-CF-68

July 12, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Jesse Tate appeals his sentence of fifteen years for his conviction for Class B felony dealing in cocaine. We affirm. Issue The sole issue Tate raises on appeal is whether he was properly sentenced. Facts On March 21, 2001, Tate sold 2.5 grams of crack cocaine to a confidential informant. Tate was arrested, and an additional 9.2 grams of cocaine was seized from him. The State charged Tate on October 12, 2001, with Class A felony dealing in cocaine and Class B felony dealing in cocaine. On October 16, 2003, Tate pled guilty to Class B felony dealing in cocaine pursuant to a plea agreement. The agreement provided that the State would dismiss the Class A felony charge and the trial court would sentence Tate to a maximum of fifteen years. At the sentencing hearing, Tate's fianc

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