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John G. Young v. State of Indiana (NFP)
State: Indiana
Court: Court of Appeals
Docket No: 08031104mpb
Case Date: 08/03/2011
Plaintiff: John G. Young
Defendant: State of Indiana (NFP)
Preview:


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: ATTORNEYS FOR APPELLEE:

ADAM G. FORREST   GREGORY F. ZOELLER  
Boston Bever Klinge Cross & Chidester Attorney General of Indiana  
Richmond, Indiana  

   NICOLE M. SCHUSTER  
Deputy Attorney General
Indianapolis, Indiana


IN THE
COURT OF APPEALS OF INDIANA




JOHN G. YOUNG, )
)
Appellant-Defendant, )
)
vs. ) No. 89A01-1011-CR-574
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )



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MEMORANDUM DECISION - NOT FOR PUBLICATION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 Young.s conviction; and



II. whether a thirteen-year sentence is inappropriate given the nature of the offense and Young.s 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 Burnett.s father drove her to the meeting place, where she got into Young.s truck.  The truck circled the parking lot for about five minutes before Burnett was taken back to the officer.s 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.      
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 officer.s vehicle and was in Young.s vehicle.  It also recorded Young saying to Burnett,
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