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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: ERIC E. KINSMAN Elkhart, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

FILED
Feb 29 2008, 9:29 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA
JOHN D. RANDALL, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A03-0711-CR-538

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable David C. Bonfiglio, Judge Cause No. 20D06-0704-FD-106

February 29, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary John Randall appeals the sentence he received after pleading guilty to failing to register as a sex offender, 1 a class D felony. We affirm. Issues We restate the issues as follows: I. Whether the trial court abused its discretion when it did not find Randall's guilty plea to be a mitigating factor; and Whether the court committed reversible error in not advising Randall of the right of allocution. Facts and Procedural History On January 29, 1997, Randall was convicted of child molesting as a class C felony. App. at 29. He received an eight-year sentence and was on probation until 2006. Id.; Guilty Plea Tr. at 4. On April 4, 2007, the State charged Randall with failure to register as a sex offender. App. at 14. On the advice of appointed counsel but with no plea agreement, Randall pled guilty as charged on August 8, 2007. Id. at 20. At a September 12, 2007 sentencing hearing, the following exchange occurred: THE COURT: I have read the pre-sentence report and certainly the prior criminal history is of concern but I think of more concern are the counseling reports that are attached

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