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Victor Salazar v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 79A02-0805-CR-464
Case Date: 12/31/2008
Preview: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: MICHAEL B. TROEMEL Lafayette, Indiana

FILED
Dec 31 2008, 9:30 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana THOMAS D. PERKINS Deputy Attorney General Indianapolis, Indiana

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

No. 79A02-0805-CR-464

APPEAL FROM THE TIPPECANOE CIRCUIT COURT The Honorable Donald L. Daniel, Judge Cause No. 79C01-0112-CF-32; 79C01-0206-FC-12

December 31, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Victor Salazar appeals the thirty-year aggregate sentence that was imposed following his guilty plea to Dealing in Cocaine,1 a class B felony and Dealing in a Schedule IV Controlled Substance,2 a class B felony. Specifically, Salazar claims that the sentence must be set aside because the trial court identified several improper aggravating circumstances and that the trial court should have afforded more mitigating weight to Salazar's decision to plead guilty. Salazar also argues that his sentence is inappropriate in light of the nature of the offenses and his character. Concluding that Salazar was properly sentenced, we affirm the judgment of the trial court. FACTS On December 6, 2001, the State charged Salazar with two counts of armed robbery, a class B felony, intimidation while armed with a deadly weapon, a class C felony, and pointing a firearm, a class D felony, under cause number 79D01-0112-CF-122, which was subsequently transferred to cause number 79C01-0206-FC-0012 (Cause 0012). The State alleged that Salazar had robbed a Village Pantry convenience store and a White Castle Restaurant in Tippecanoe County. On December 12, 2001, Salazar was charged with thirteen drug-related offenses under Cause Number 79C01-0112-CF-0032 (Cause 0032) that related to various drug transactions with confidential informants who were working with the local police department. Thereafter,

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