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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
Feb 09 2010, 9:20 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: CARA SCHAEFER WIENEKE Wieneke Law Office, LLC Indianapolis, Indiana

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

IN THE COURT OF APPEALS OF INDIANA
JONATHAN R. CRANE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 47A01-0905-CR-218

APPEAL FROM THE LAWRENCE SUPERIOR COURT The Honorable William G. Sleva, Judge Cause No. 47D02-0610-FD-782

February 9, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Following a jury trial, Jonathan R. Crane was convicted of possession of marijuana1 as a Class D felony and was sentenced to two years, of which all but sixty days was suspended to probation. Crane appeals, challenging the appropriateness of his sentence. He raises one issue, which we restate as: whether his sentence was inappropriate in light of the nature of the offense and the character of the offender. We affirm. FACTS AND PROCEDURAL HISTORY On July 14, 2006, Mitchell Police Department Detective Randal Phelix obtained a search warrant to search for drugs in Crane's residence in Mitchell, Indiana. That afternoon, Detective Phelix and Indiana State Trooper John Patrick executed the warrant. Upon their arrival, they encountered Crane, his four-year-old son, and a woman leaving the home. The officers patted down Crane and the woman for the officers' safety, and they discovered a hand-rolled marijuana cigarette in a pack of cigarettes in Crane's possession and a bag of marijuana on the woman. In the house, officers found two small bags of marijuana in a gym bag in the kitchen. A canine unit was called to the scene to assist. The dog alerted to a lower kitchen cabinet, where officers found two large bags of marijuana, which together weighed a total of 545.88 grams. Crane admitted the marijuana belonged to him. The State charged Crane with possession of marijuana as a Class D felony because the total weight exceeded thirty grams. A jury found Crane guilty as charged. At the subsequent sentencing hearing, the trial court followed the recommendation of the probation department

1

See Ind. Code

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