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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
Jul 25 2008, 10:12 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JASON W. BENNETT Bennett Boehning & Clary, LLP Lafayette, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana THOMAS D. PERKINS Deputy Attorney General Indianapolis, Indiana

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

No. 79A02-0712-CR-1048

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Donald C. Johnson, Judge Cause No. 79D01-0611-FA-22

July 25, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Jerrell Watkins appeals his thirty-year sentence for dealing cocaine within 1000 feet of a school, a Class A felony.1 We affirm, but remand with instruction. FACTS AND PROCEDURAL HISTORY In November 2006, police were using Carl Rohland, a drug user, to make connections with drug dealers. On November 20th, an undercover detective called

Rohland looking for $100 worth of crack cocaine. When Rohland could not contact the supplier used for the prior two purchases, he called Watkins. The detective and Rohland met Watkins at a Marsh grocery store that is within 1000 feet of two schools. Rohland took the detective's $100 to Watkins' van and came back with crack cocaine. When police stopped Watkins, he was in possession of the marked $100 and a small amount of marijuana. The State charged Watkins with Class A felony dealing cocaine within 1,000 feet of a school, Class B felony possession of cocaine,2 Class A felony conspiracy to deal cocaine within 1000 feet of a school,3 and Class D felony maintaining a common nuisance.4 A jury found him guilty of all four charges. The court entered convictions and sentences for all four counts, but found concurrent sentences were appropriate because the counts "merge." (App. at 80.) The longest sentence, for dealing in cocaine, was thirty years, with three suspended to probation.

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