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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
Aug 03 2011, 8:49 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ADAM G. FORREST Boston Bever Klinge Cross & Chidester Richmond, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana

NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

JOHN G. YOUNG, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff.

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No. 89A01-1011-CR-574

APPEAL FROM THE WAYNE SUPERIOR COURT The Honorable Gregory A. Horn, Judge Cause No. 89D02-0811-FB-25

August 3, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge

Case Summary John Young appeals his conviction and sentence for Class B felony dealing in a schedule II controlled substance. We affirm. Issues The issues before us are: I. whether the State presented sufficient evidence to support Youngs conviction; and whether a thirteen-year sentence is inappropriate given the nature of the offense and Youngs character. Facts On November 25, 2008, the Wayne County Drug Task Force arrested Young for selling methadone. The officers learned of Young through their confidential informant, Kristin Burnett. Burnett, who had previously been convicted of theft and conversion, volunteered to be a confidential informant after she was found to be in possession of two bags of marijuana. In a recorded phone call from Burnett to Young, the two agreed to meet in a Meijer parking lot in Richmond. An officer acting as Burnetts father drove her to the meeting place, where she got into Youngs truck. The truck circled the parking lot for about five minutes before Burnett was taken back to the officers vehicle with a Marlboro pack containing 100 methadone pills. She paid Young with five marked $100 bills, provided by an officer, that Young had in his pocket when he was apprehended. Burnett also had a body-cavity strip-search done by a female officer before and after the buy.

II.

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Burnett had audio and video equipment on her body recording her surroundings. The video recording was on Burnett the entire time she was away from the officers vehicle and was in Youngs vehicle. It also recorded Young saying to Burnett, "Ill front you another fifty." Tr. p. 279. The State charged Young with Class B felony dealing in a schedule II controlled substance. A jury trial was held in September 2010, and Young was found guilty. At the sentencing hearing, the trial court sentenced Young to an enhanced sentence of thirteen years. Young now appeals. Analysis I. Sufficiency of the Evidence Young contends the State presented insufficient evidence to support his conviction. In reviewing a sufficiency of the evidence claim, we do not reweigh the evidence nor do we assess the credibility of the witnesses. Treadway v. State, 924 N.E.2d 621, 639 (Ind. 2010). We look to the evidence and reasonable inferences drawn therefrom that support the verdict. Id. We will uphold the conviction if there is probative evidence from which a fact finder could have found the defendant guilty beyond a reasonable doubt. Id. To convict Young of Class B felony dealing in a schedule II controlled substance, the State was required to prove that he knowingly or intentionally delivered methadone. See Ind. Code

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