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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: DOUGLAS K. MAWHORR Muncie, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana AARON J. SPOLARICH Deputy Attorney General Indianapolis, Indiana

FILED
Feb 21 2012, 9:38 am

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

of the supreme court, court of appeals and tax court

CLERK

No. 18A02-1106-CR-549

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable Linda Ralu Wolf, Judge Cause No. 18C03-1101-FA-2

February 21, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary Michael Lee Larry pled guilty to two counts of class B felony cocaine dealing. The trial court sentenced him to concurrent ten-year terms, with eight years executed and two years suspended to probation. Larry now appeals his sentence, claiming that we should "more carefully weigh" the aggravating and mitigating circumstances found by the trial court. Appellants Br. at 13. Because such claims are not reviewable on appeal, we affirm. Facts and Procedural History In August 2005, the State charged Larry with three counts of class A felony cocaine dealing, one count of class B felony cocaine dealing, and three counts of class D felony maintaining a common nuisance. In April 2011, pursuant to a written plea agreement, Larry pled guilty to two counts of class B felony cocaine dealing (one as a lesser-included offense of one of the class A felony counts), and the State dismissed the remaining charges in this case and all charges in another pending case. Sentencing was left to the trial courts discretion, provided that the sentences would be concurrent and that the executed portion could not exceed ten years.1 At the sentencing hearing, the trial court found four mitigating circumstances: (1) that imprisonment could result in undue hardship to Larrys wife and four dependent children; (2) that Larry "was gainfully employed prior to his incarceration and was making an attempt to meet his financial responsibilities"; (3) that Larry pled guilty, "thus allowing the Court to

The sentencing range for a class B felony is between six and twenty years, with an advisory sentence of ten years. Ind. Code

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