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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: JUAN GARCIA, JR. Elkhart, Indiana ATTORNEYS FOR APPELLEE: STEPHEN R. CARTER Attorney General of Indiana Indianapolis, Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
KIMBERLY S. YEAGER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A04-0702-CR-70

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable George W. Biddlecome, Judge Cause No20D03-0609-FB-00046

NOVEMBER 16, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION ROBERTSON, Senior Judge

STATEMENT OF THE CASE Defendant-Appellant Kimberly S. Yeager ("Yeager") is appealing after entering into a plea agreement. We affirm. ISSUES Yeager raises two issues for our review, which we restate as: I. Whether Yeager has the right to challenge the sentence imposed after she pled guilty. Whether the sentence imposed was unreasonable under the circumstances. FACTS On My 10, 2006, Kimberly knowingly delivered methamphetamine to another person. Kimberly agreed to plead guilty to delivery of methamphetamine, a Class B felony, while the State agreed to forgo all other pending and potential charges. The trial court rejected the first tendered plea agreement and an amended plea agreement was submitted and accepted when the sentence cap was changed to ten years instead of the previously submitted cap of eight years. The trial court sentenced Kimberly to an executed sentence of ten years. The advisory sentence for a Class B felony is ten years. Ind. Code

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