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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: JOHN PINNOW Special Assistant to the State Public Defender Greenwood, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELLEN H. MEILAENDER Deputy Attorney General Indianapolis, Indiana

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

No. 35A04-0706-CR-296

APPEAL FROM THE HUNTINGTON SUPERIOR COURT The Honorable Jeffrey R. Heffelfinger, Judge Cause No. 35D01-0612-FA-289

August 30, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Terry Cooley appeals his thirty-five-year sentence, imposed after he pleaded guilty to Class A felony Dealing in Methamphetamine within 1000 feet of school property, 1 Class C felony Illegal Drug Lab, 2 and Class D felony Theft. 3 We affirm. Issue Cooley presents two issues, one of which is dispositive: whether his waiver of the right to appellate review of his sentence is enforceable. Facts and Procedural History Cooley pleaded guilty to dealing in methamphetamine, illegal drug lab, and theft. In exchange, the State dismissed charges of possession of methamphetamine and possession of marijuana and, further, agreed not to seek a habitual offender enhancement. Under the plea agreement, Cooley would receive a sentence between thirty and forty years for dealing in methamphetamine, and all sentences would run concurrently. Paragraph 17 of the plea agreement reads: "I understand that I have a right to appeal my sentence and I hereby waive my right to appeal my sentence." (App. 22.) At the guilty plea hearing on February 6, 2007, the trial court referred to Paragraph 17 and asked Cooley if he understood that he was "giving up" his right to appeal the sentence if the court sentenced him according to the terms of the plea agreement. (Tr. 23.) Cooley answered in the affirmative. That same day, Cooley signed a separate Written Advisement
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The charging instrument and abstract of judgment list the relevant statute as Indiana Code Section 35-484-6.1, but that statute describes possession of methamphetamine. Indiana Code Section 35-48-4-1.1 addresses dealing in methamphetamine. 2 Ind. Code

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