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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: BRUCE W. GRAHAM Graham Law Firm P.C. Lafayette, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Jun 21 2012, 9:11 am

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

CLERK

No. 79A04-1108-CR-430

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Randy J. Williams, Judge Cause No. 79D01-1004-FA-13

June 21, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Jeffery Roshell ("Roshell") was convicted after a jury trial of two counts of dealing in cocaine,1 each as a Class A felony, and was sentenced to forty years on each count to run concurrently with each other. Thirty years of his sentence were ordered executed, with the last five of that time to be served in community corrections, and ten years suspended to probation. Roshell appeals, raising the following restated issues: I. II. Whether Roshell's waiver of counsel was knowing and intelligent; Whether sufficient evidence was presented to support Roshell's Class A felony convictions for dealing in cocaine; Whether Roshell was entitled to discharge under Indiana Criminal Rule 4(B)(1); and Whether Roshell's sentence was inappropriate in light of the nature of the offense and the character of the offender.

III.

IV.

We affirm. FACTS AND PRODECURAL HISTORY At some point prior to April 7, 2010, Detective Natalie Lovett ("Detective Lovett"), who worked in the Lafayette Police Department's Street Crimes Unit, received Roshell's name and phone number as a potential source of crack cocaine. On April 7, 2010, around 8:30 or 9:00 p.m., Detective Lovett, while working undercover, called Roshell to attempt to arrange a purchase of crack cocaine from him. Roshell denied knowledge of what Detective Lovett was talking about, said he did not know her, and hung up on her. Two or three hours later, Roshell called Detective Lovett's phone and spoke with another detective who answered the phone. Roshell left a message with the

1

See Ind. Code

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