Preview:

FOR PUBLICATION

ATTORNEY FOR APPELLANT: ANDREW B. ARNETT Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

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

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

Dec 22 2010, 9:50 am

CLERK

No. 73A04-1005-CR-369

APPEAL FROM THE SHELBY CIRCUIT COURT The Honorable Richard D. Culver, Special Judge Cause No. 73C01-0810-FA-12

December 22, 2010

OPINION - FOR PUBLICATION

BROWN, Judge

Mark Eiler appeals his sentence for dealing cocaine as a class A felony.1 Eiler raises one issue, which we revise and restate as: I. II. Whether the trial court abused its discretion in sentencing Eiler; and Whether Eilers sentence is inappropriate in light of the nature of the offense and the character of the offender.

We reverse and remand. The relevant facts follow.2 Eiler owned a barn on his property in Shelby County that he used for recreation purposes including drug use. On October 29, 2008, the Shelby County police recovered from Eiler approximately eight grams of cocaine located in the barn. On October 31, 2008, the State charged Eiler with: Count I, dealing marijuana as a class A misdemeanor; Count II, dealing marijuana as a class D felony; Count III, dealing cocaine as a class B felony; Count IV, dealing cocaine as a class B felony; Count V, dealing cocaine as a class B felony; Count VI, dealing marijuana as a class A misdemeanor; Count VII, dealing marijuana as a class A misdemeanor; Count VIII, dealing marijuana as a class D felony; Count IX, dealing cocaine as a class A felony;
1

Ind. Code

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Indiana Law