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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: JOEL M. SCHUMM Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana J.T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

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

No. 49A04-0608-CR-455

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Scott Devries, Commissioner Cause No. 49G14-0601-FD-17040

March 20, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Alejandro Torres pleaded guilty to Possession of a Controlled Substance, 1 a class D felony, and was sentenced to a minimum, one-hundred-eighty-day sentence. Torres appeals, presenting the following restated issue: Was his sentence appropriate? We affirm. On January 30, 2006, at approximately 10:40 p.m., Indianapolis Police Department Officer Eric Williams observed Torres on West 38th Street in Indianapolis near a Family Dollar Store, which was closed. After Officer Williams approached Torres, Torres "stumbled and wobbled and had to use the hood of [Officer Williams's] police vehicle to maintain his balance." Appellant's Appendix at 14. Officer Williams detected a strong odor of alcohol emanating from Torres and noted Torres's eyes were glassy and red. Officer Williams proceeded to ask Torres his name, to which Torres responded, "you know my name and you know where I live, and then [Torres] continued to repeat that over and over again." Id. Officer Williams arrested Torres for public intoxication and thereafter executed a search incident to arrest. During the search, Officer Williams discovered two, "reddishorange pills" with "the number 5112 and the letter V imprinted on them" in one of Torres's pockets. Id. Officer Williams consulted poison control personnel who informed him the pills were a generic version of Darvoset, a Schedule IV controlled substance. An analysis of the pills confirmed they were a generic version of Darvoset.

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