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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: KENNETH B. ELWOOD Rhame & Elwood Portage, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
WILLIAM JEFFREY TOTH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 64A04-0607-CR-389

APPEAL FROM THE PORTER SUPERIOR COURT The Honorable Mary R. Harper, Judge Cause No. 64D05-0512-FB-10854

May 10, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

William Jeffrey Toth appeals his convictions of intimidation as a Class D felony, 1 possession of paraphernalia as a Class D felony, 2 and resisting law enforcement as a Class A misdemeanor, 3 and the finding he is an habitual offender. 4 He argues the trial court erred by admitting evidence obtained after a warrantless search of his residence and by allowing testimony of Toth's prior bad acts. Toth did not object to the admission of this evidence and has waived any allegations of error on appeal. Waiver notwithstanding, the trial court did not abuse its discretion in admitting the evidence. The evidence was sufficient to convict Toth of possession of paraphernalia. Toth also argues his sentence was "manifestly unreasonable" 5 and the trial court deprived him of "his Sixth Amendment right to a jury trial by aggravating his sentence based upon judicially found facts." (Appellant's Br. at 26.) The trial court did not err in sentencing him. We affirm. FACTS AND PROCEDURAL HISTORY In May 2005, Jackie Myers moved out of the home of her daughter, Jennifer Hayes, and into her own apartment. She began dating Toth about one month later and, in August 2005, moved into a house with Toth.

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Ind. Code

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