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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: HUGH N. TAYLOR Auburn, Indiana

FILED
Dec 15 2010, 9:56 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana Indianapolis, Indiana ANDREW R. FALK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHAEL DAVID ROBBINS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 76A03-1006-CR-328

APPEAL FROM THE STEUBEN CIRCUIT COURT The Honorable Allen N. Wheat, Judge Cause No. 76C01-0812-FB-1613

DECEMBER 15, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Senior Judge

STATEMENT OF THE CASE Defendant-Appellant Michael David Robbins appeals the denial of his Motion to Set Aside Plea Agreement ("Motion"). We affirm. ISSUE Robbins raises one issue, which we restate as whether the trial court abused its discretion in denying Robbins' request to withdraw his guilty plea. FACTS AND PROCEDURAL HISTORY The State charged Robbins with possession of methamphetamine, a Class B felony, Indiana Code section 35-48-4-6.1(b) (2006); possession of methamphetamine, a Class D felony, Indiana Code section 35-48-4-6.1(a) (2006); and theft, a Class D felony, Indiana Code section 35-43-4-2 (1985). The parties executed a plea agreement, in which Robbins agreed to plead guilty to possession of methamphetamine as a Class D felony and to theft in exchange for the State's dismissal of the remaining charge, as well as the dismissal of charges in two other pending cases. Robbins filed a motion to enter a plea of guilty. The trial court held a hearing on the motion and took the matter under advisement pending a sentencing hearing. Subsequently, Robbins filed his Motion. The trial court held a hearing on Robbins' Motion and denied it. The trial court sentenced Robbins, and this appeal followed. DISCUSSION AND DECISION At the outset, the State asserts that Robbins has waived the issue on appeal. The State notes that a defendant who seeks to withdraw a guilty plea must file a written,
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verified motion requesting that relief. See Ind. Code

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