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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
Jan 15 2010, 9:19 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: CHRIS P. FRAZIER Marion County Public Defender Agency Indianapolis, Indiana

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

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

No. 49A05-0906-CR-326

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Lisa Borges, Judge The Honorable Stanley Kroh, Master Commissioner Cause Nos. 49G04-0810-FC-233212 & 49G04-0708-FD-164803

January 15, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Leon Wooden appeals his six-year sentence for Class C felony welfare fraud. He contends that his sentence is inappropriate in light of the nature of the offense and his character. Finding his sentence appropriate, we affirm. Facts and Procedural History In August 2007 the State charged Wooden with Class D felony failure to register as a sex offender. In October 2008, in an unrelated incident, the State charged Wooden with Class C felony welfare fraud, Class D felony theft, two counts of Class C felony forgery, two counts of Class D felony identity deception, Class D felony attempted welfare fraud, Class D felony attempted theft, and Class C felony bribery. In March 2009 Wooden pled guilty pursuant to a plea agreement to Class D felony failure to register as a sex offender1 and Class C felony welfare fraud.2 In exchange, the State agreed to dismiss the remaining charges. The plea agreement provided the following: Open sentencing, with a cap of 4 years on the initial executed portion of the sentence. The Court may impose additional time beyond those 4 years, suspend that time, and place the Defendant on probation. The parties will be allowed to argue their positions regarding suspended time at sentencing. Appellant's App. p. 121. At the guilty plea hearing, the State presented the following factual basis: As to cause number 49-G04-0810-FC-233212, if the case would have continued to trial, the State would have shown that the defendant, Leon Wooden, between February of 2008 and October of 2008 received more than $2,500.00 public assistance by means of a misleading [written] statement, specifically by sending an outdated deed to the Indianapolis Housing Agency indicating that he still owned the property at 3243 North
1

Ind. Code

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