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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: MARK EVERETT WATSON Terre Haute, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
KENNY HAWKINS, JR., Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

Dec 30 2010, 9:37 am

CLERK

No. 84A01-1005-CR-268

APPEAL FROM THE VIGO SUPERIOR COURT The Honorable David R. Bolk, Judge Cause No. 84D03-0904-FB-984

December 30, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Kenny Hawkins, Jr. appeals his conviction of Dealing In Cocaine,1 a class B felony, as well as the twelve-year sentence imposed thereon. Hawkins presents the following restated issues for review: 1. 2. 3. Did Hawkins receive ineffective assistance of trial counsel? Was the evidence sufficient to support his conviction? Did the trial court impose an inappropriate sentence?

We affirm. The facts favorable to the conviction are that on February 17, 2009, confidential informant #824 (the C.I.) contacted Detective Martin L. Dooley Jr. of the Terre Haute Police Department and informed him that she could purchase cocaine from persons from Mississippi. The C.I. met Detective Dooley and Detective Karen Cross at a predetermined location, where Detective Cross searched the C.I. and the C.I.'s vehicle for contraband. The C.I. was then equipped with a recording device known as a hawk device. In the detectives' presence, the C.I. placed a telephone call and asked for "Dred". Appellant's Appendix at 13. The individual that answered was not "Dred" and the C.I. informed the individual she had a "bill". Id. The individual on the phone informed the C.I. to meet him near the Jiffy Mini Mart around 25th and 8th Avenue. The C.I. was provided with photocopied buy money. The C.I. drove to the designated location, where she met Hawkins and exchanged the one hundred dollars in buy money for five plastic bags. The transaction was recorded, although the quality of the recording was such that the court reporter later was unable to transcribe the audio portion. The C.I. returned to the staging area, where Detective Dooley
1

Ind. Code Ann.

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