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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
Mar 19 2009, 9:22 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: MICHAEL GARNETT New Castle, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANN L. GOODWIN Special Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0810-CR-615

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Jane Magnus-Stinson, Judge Cause No. 49G06-0511-FB-195708

March 19, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Michael Garnett ("Garnett") received permission to file a belated appeal. He challenges his 2006 sentence, asserting that the facts established during his guilty plea hearing did not support his adjudication as a habitual offender. The State cross-appeals, arguing that the trial court lacked authority to grant permission to file a belated appeal, as the plea agreement provided for a fixed sentence. Concluding that the jurisdictional issue is dispositive, we do not reach the issue posed by Garnett. We dismiss the appeal. Facts and Procedural History In 2005, the State charged Garnett with Unlawful Possession of a Firearm by a Serious Violent Felon, a Class B felony,1 and two other charges. Also, it sought to have him adjudicated a habitual offender.2 In 2006, Garnett entered a plea agreement with the State, pled guilty to the Class B felony, and admitted he was a habitual offender.3 The trial court sentenced him to a term of sixteen years

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Indiana Law