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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
Dec 15 2008, 8:48 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MICHAEL B. TROEMEL Lafayette, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ALEX O. JAMES Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

KELLY SAUCEDO, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff.

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No. 79A02-0804-CR-387

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Thomas Busch, Judge Cause No. 79D02-0703-FA-20

December 15, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge

Kelly Saucedo pleaded guilty to dealing in a narcotic drug1 as a Class A felony and neglect of a dependant2 as a Class D felony. She was sentenced to a term of twenty years on the narcotics charge, with ten years suspended and ten years of probation, and a term of one and one-half years on the neglect charge, with the sentences to be served concurrently. She appeals, raising one issue, which we restate as whether her sentence was inappropriate. We affirm. FACTS AND PROCEDURAL HISTORY After a confidential informant advised police that Saucedo, a licensed practical nurse, was stealing prescription drugs from her place of employment and selling them from her residence, which was located within 1000 feet of an elementary school, an undercover officer accompanied the informant to Saucedo's home. Appellant's App. at 17. Saucedo's minor son answered the door and showed them in. Id. The officer asked Saucedo if she had any Ativan for sale, and when she replied in the affirmative, her son cleared off the top of a coffee table. Id. Saucedo then retrieved a large plastic bag filled with pills from under the table. Id. As she counted out the pills, she offered to sell them several morphine pills as well. Id. The officer agreed and paid Saucedo for the pills. Id. Fifteen days later, the undercover officer returned, alone, to Saucedo's home and asked if she had any pills for sale. Id. Saucedo indicated that she had morphine and Lortab pills for sale and retrieved a bag from under the same coffee table. Id. The officer paid

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See Ind. Code

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