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FOR PUBLICATION

ATTORNEY FOR APPELLANT: BRIDGETTE F. GREENE Elkhart, 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
GUILLERMO SAMANIEGO-HERNANDEZ, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A05-0505-CR-309

APPEAL FROM THE ELKHART CIRCUIT COURT The Honorable Terry C. Shewmaker, Judge Cause No. 20C01-0409-FA-124

December 30, 2005

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Following a jury trial, Appellant-Defendant Guillermo Samaniego-Hernandez ("Samaniego") appeals his conviction for possession of cocaine weighing three grams or more with intent to deliver, a Class A felony. 1 We affirm. Issues Samaniego presents three issues for review, which we restate as: I. Whether the trial court properly admitted evidence that Samaniego entered into a "controlled buy" prior to execution of the resulting search warrant; Whether the evidence is sufficient to sustain the verdict; and Whether Samaniego's sentence is appropriate in light of aggravating and mitigating circumstances. Facts and Procedural History The facts most favorable to the verdict follow. Juanita Sanchez ("Sanchez"), who had previously been convicted of delivering cocaine and who was consequently serving a sentence of six years at the department of correction, was acting as an informant for the Drug Unit of the Goshen Police Department. She had arranged a "controlled buy"2 of cocaine with Samaniego's wife and, on the evening of September 2, 2004, was driven by an undercover officer to Samaniego's residence at 605 Mill Street to make the purchase. She entered the home and sat on a chair while Samaniego and his wife both sat on the couch nearby. After

II. III.

1

Ind. Code

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