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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: THOMAS C. ALLEN Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JAMES E. PORTER Deputy Attorney General Indianapolis, Indiana

FILED
Feb 16 2011, 10:04 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 02A05-1007-CR-426

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Frances C. Gull, Judge Cause No. 02D04-1002-FB-30

February 16, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Keith Hopkins ("Hopkins") pled guilty without a plea agreement to Possession of a Firearm by a Serious Violent Felon, as a Class B felony,1 and Invasion of Privacy, as a Class A misdemeanor.2 He now appeals, raising for our review 1) whether the trial court abused its discretion in finding aggravating circumstances in his prior criminal history and failures at rehabilitation; and 2) whether his sentence was inappropriate under Appellate Rule 7(B). We affirm. Facts and Procedural History Hopkins has a criminal history that includes convictions for Robbery, as a Class C felony, as well as several misdemeanor convictions. On February 20, 2010, Hopkins went to the Fort Wayne home of Leith Hutchinson ("Hutchinson"). Prior to this date, a protective order was served upon Hopkins that prohibited him from having contact with Hutchinson and her home. Hopkins knowingly and intentionally violated this order. After he left Hutchinson's home, Hopkins encountered members of the Fort Wayne Police Department. Hopkins was arrested, and a search of his car uncovered a firearm. Hopkins knew the gun was in the car, knew of his status as a violent felon, and knew he was not permitted to have a firearm. On February 25, 2010, Hopkins was charged with Possession of a Firearm by a Serious Violent Felon and Invasion of Privacy. On June 8, 2010, Hopkins entered and the

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Ind. Code

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