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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: JEREMY K. NIX Matheny, Hahn, Denman & Nix, L.L.P. Huntington, Indiana

FILED
Dec 12 2011, 8:44 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ERIC P. BABBS Deputy Attorney General Indianapolis, Indiana

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

No. 35A02-1106-CR-588

APPEAL FROM THE HUNTINGTON SUPERIOR COURT The Honorable Jeffrey R. Heffelfinger, Judge Cause No. 35D01-1012-FB-310

December 12, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Douglas Garwood appeals his convictions and sentence for attempted dealing in methamphetamine as a class B felony1 and possession of precursors with intent to manufacture methamphetamine as a class D felony.2 Garwood raises two issues which we revise and restate as: I. II. Whether the evidence was sufficient to sustain his convictions; and Whether his sentence is inappropriate in light of the nature of the offense and the character of the offender.

We affirm in part and reverse in part. The facts most favorable to the convictions follow. On December 20, 2010, Garwood and Jeffrey Denton began communicating by phone and text message about procuring "boxes of Sudafed" that Garwood could use to manufacture methamphetamine. Transcript at 43-44. Specifically, Garwood told Denton by text that they needed "two (2) cookies," which was a slang term for boxes of Sudafed, and asked Denton if "Jerry" could help obtain the same. Id. at 47. Garwood asked Denton to "[k]eep trying bro," and told Denton that "we'll have our cookies in the morning and our spot. Get this s--rolling," which meant to Denton that Garwood had Sudafed and that "he has got the spot that he needs to cook at and he's ready to start cooking" methamphetamine. Id. at 49-50. On December 21, 2010, Garwood texted Denton that it was "[t]ime to do the dougie," which meant to Denton that it was "time to go cook a batch" of methamphetamine, and that they were going to "make it snow at dudes," which meant to

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Ind. Code

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