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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: BRYAN M. TRUITT Valparaiso, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

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

No. 64A03-0707-CR-316

APPEAL FROM THE PORTER SUPERIOR COURT The Honorable William Alexa, Judge Cause No. 64D02-0109-CF-7688

December 13, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Maurice Thomas appeals his sentence for dealing cocaine as a class B felony.1 Thomas raises one issue, which we revise and restate as whether Thomas's sentence is inappropriate in light of the nature of the offense and the character of the offender. We affirm. The relevant facts follow. On September 13, 2001, a confidential informant went to Donald Arndt's residence, and Thomas was present in Arndt's home. The confidential informant handed Arndt money, and Thomas went to a back room and returned with two baggies of cocaine that he gave to Arndt, who then gave the cocaine to the confidential informant. The State charged Thomas with dealing in cocaine as a class B felony and later charged Thomas with dealing in cocaine as a class A felony.2 Thomas pleaded guilty to dealing in cocaine as a class B felony, and the State dismissed the remaining charge. The plea agreement stated that the parties agreed that Thomas would serve a minimum of ten years in the Department of Correction with a cap of incarceration of fifteen years. The plea agreement also stated that $2,135 seized was to be forfeited to the Porter County Drug Task Force. The trial court found "what his past life has been, and the impact that it will have on [Thomas's mother] and the family" as mitigating circumstances and Thomas's

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