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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 12 2008, 9:58 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ELIZABETH A. BELLIN Cohen Law Offices Elkhart, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MELLISICA K. FLIPPEN Deputy Attorney General Indianapolis, Indiana

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

No. 20A03-0805-CR-223

APPEAL FROM THE ELKHART CIRCUIT COURT The Honorable Terry Shewmaker, Judge Cause No. 20C01-0609-FB-51

December 12, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Linda Morrow appeals her sentence for Class B felony delivery of cocaine. 1 We affirm. FACTS AND PROCEDURAL HISTORY During Morrow's jury trial, she testified someone she knew who looked like her had committed the offense. After the trial, Morrow sent the court a letter admitting her testimony was false. At her sentencing hearing on April 3, 2008, Morrow explained she had lied because she was "trying to stall for time just to find out what I was goin g to do with my [grand]child." (Tr. at 10.) Morrow had adopted her grandchild because her daughter has lupus and is unable to care for the child herself. Morrow has health problems of her own, including a history of strokes and an injury to her ankle and knee. The trial court found Morrow's false testimony before the jury to be "a serious and extreme aggravator." (Appellant's App. at 6.) As additional aggravators, the trial court found Morrow's grandchild may have been in her care while she was selling drugs, Morrow sold drugs after having received treatment for her own addiction, and she made inconsistent statements concerning her drug use.2 The trial court found as mitigating circumstances Morrow's "health issues, her stroke history, and her leg and ankle injury and any and all mitigating circumstances made by counsel for the Defendant." ( Id. at 8.)

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Ind. Code

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