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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 A. BATES Lake County Appellate Public Defender Crown Point, Indiana

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

FILED
Mar 30 2011, 9:37 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
LESLIE ANN MCCORMICK, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 45A05-1007-CR-431

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Diane Ross Boswell, Judge Cause No. 45G03-0903-FC-37

March 30, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE Leslie Ann McCormick appeals the sentence imposed following her conviction for battery, as a Class D felony, pursuant to an open plea agreement. McCormick presents the following issues on appeal: 1. Whether the trial court erred when it identified certain aggravating circumstances. Whether her sentence is appropriate in light of the nature of the offense and her character.

2.

We affirm. FACTS AND PROCEDURAL HISTORY In 2009, McCormick was a foster parent to three-year-old O.O. On March 31, the State charged McCormick with neglect of a dependent, as a Class C felony; criminal confinement, as a Class C felony; battery, as a Class D felony; and neglect of a dependent as a Class D felony. On May 14, the State amended the information by adding a charge of criminal deviate conduct, as a Class B felony. On May 18, McCormick pleaded guilty to battery, as a Class D felony, pursuant to a written plea agreement. Under the agreement, sentencing was left to the trial courts discretion, and the State agreed to drop the remaining charges at sentencing. The parties also agreed to the following stipulated factual basis: 1. That LESLIE MCCORMICK . . . is the defendant in Cause 45G030903-FC-00037. That [O.O.], the defendants former foster child, is the victim in Cause 45G03-0903-FC-00037.

2.

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3.

That between June 12, 2008[,] and December 2, 2208, LESLIE MCCORMICK was in a residence located at 1215 N. Cline Avenue in Griffith, Lake County, Indiana. That [O.O.], who was 3 years old at said time, was also at said location. That LESLIE MCCORMICK knowingly or intentionally touched [O.O.] in a rude, insolent, or angry manner, and it resulted in bodily injury to [O.O.]. These actions by LESLIE MCCORMICK were contrary to I.C. [

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