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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: P. JEFFREY SCHLESINGER Public Defender Crown Point, Indiana

FILED
Feb 25 2013, 9:44 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MARTEL D. CROSS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A05-1207-CR-369

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Salvador Vasquez, Judge Cause No. 45G01-1101-MR-1

February 25, 2013 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Martel D. Cross ("Cross") pleaded guilty to Voluntary Manslaughter, as a Class A felony.1 He was sentenced to thirty years imprisonment. Cross now appeals, raising for our review the sole issue of whether the trial court abused its discretion when, in sentencing him, it did not find certain facts to be mitigators. We affirm. Facts and Procedural History On December 30, 2010, Cross shot and killed Cory Toddle with a .25-caliber handgun at a gas station in Lake County. On January 4, 2011, the State charged Cross with Murder, a felony. On May 11, 2012, Cross and the State entered into a plea agreement, whereby the State agreed to dismiss the charge of Murder, and Cross agreed to plead guilty to Voluntary Manslaughter. The parties stipulated to the relevant facts and agreed that the parties would argue the length of Cross's sentence before the court, but that in no case would Cross be sentenced to more than thirty-five years imprisonment. The trial court accepted the plea agreement the same day. On June 14, 2012, a sentencing hearing was conducted. At the conclusion of the hearing, the trial court sentenced Cross to thirty years imprisonment. This appeal ensued. Discussion and Decision

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Ind. Code

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