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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.

FILED
Apr 21 2008, 9:48 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: STEVEN E. RIPSTRA THOMAS A. DYSERT Jasper, IN

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CONNIE M. HENSLEY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 63A01-0712-CR-559

APPEAL FROM THE PIKE CIRCUIT COURT The Honorable Jeffrey L. Biesterveld, Judge Cause No. 63C01-0606-FA-321

April 21, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary Connie Hensley appeals her conviction and sentence for Class B felony dealing in a schedule III controlled substance. We affirm in part, reverse in part, and remand. Issues Hensley raises three issues, which we restate as: I. whether there is sufficient evidence to support her conviction; whether the trial court properly excluded evidence of subsequent bad acts by a confidential informant ("CI"); and whether her sentence is appropriate. Facts On March 19, 2006, a CI contacted the Petersburg Police Department about arranging a controlled buy with Hensley. Hensley was supposed to sell the CI ten hydrocodone pills for $10.00 each plus $5.00 for delivery to the CI's garage. Officer Chad McClellan met the CI at her garage, searched her, set up a video camera, supplied her with an audio recorder and $135.00 cash, and hid in a small room attached to the garage from where he watched the transaction through the video camera's view finder. After the transaction, the CI gave Officer McClellan the ten pills and the remaining $30.00, and Officer McClellan searched the CI again. On June 30, 2006, the State charged Hensley with Class A felony dealing in a schedule II controlled substance and Class C felony possession of a schedule II controlled substance. Count I was later changed to Class B felony dealing in a schedule III 2

II.

III.

controlled substance and, at some point, Count II was dismissed. After a trial, a jury convicted Hensley of Class B felony dealing in a schedule III controlled substance. The trial court sentenced Hensley to the advisory sentence of ten years. Hensley now appeals. Analysis I. Sufficiency of the Evidence Hensley argues that there is insufficient evidence to support her conviction. Upon a challenge to the sufficiency of evidence to support a conviction, we do not reweigh the evidence or judge the credibility of the witnesses, and we respect the jury's exclusive province to weigh conflicting evidence. McHenry v. State, 820 N.E.2d 124, 126 (Ind. 2005). We must consider only the probative evidence and reasonable inferences

supporting the verdict. Id. If the probative evidence and reasonable inferences drawn therefrom could have allowed a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt, we must affirm the conviction. Id. A person who knowingly or intentionally delivers a schedule III controlled substance commits a Class B felony. See Ind. Code

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