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FOR PUBLICATION

FILED
Jan 29 2009, 9:01 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: WILLIAM W. GOODEN Mt. Vernon, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MATTHEW WHITMIRE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHAEL F. FOWLER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 65A01-0806-CR-313

APPEAL FROM THE POSEY CIRCUIT COURT The Honorable James M. Redwine, Judge Cause No. 65C01-0801-FB-13

January 29, 2009

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Appellant-Defendant Michael F. Fowler ("Fowler") appeals his convictions for Dealing in Methamphetamine, as a Class B felony,1 and Possession of Methamphetamine, as a Class D felony.2 We affirm. Issues Fowler presents two issues for review: I. II. Whether the trial court abused its discretion in instructing the jury; and Whether there is sufficient evidence to sustain his convictions for Dealing in Methamphetamine and Possession of Methamphetamine. Facts and Procedural History On January 25, 2008, Posey County Deputy Sheriff Tom Latham ("Deputy Latham") was dispatched to the Black River Camps area to investigate a report that a man and woman were making methamphetamine under a bridge. Reportedly, the pair had parked their white pickup truck with blue stripes nearby. Deputy Latham proceeded to the bridge but found no one there. As he traveled in the general area, Deputy Latham saw a white pickup truck with blue stripes at Fowler's residence. Deputy Latham stopped at the residence, and Fowler and Teresa Kloepping came outside. Deputy Jeremy Fortune ("Deputy Fortune") joined them. Deputy Latham, who has been trained in the identification of clandestine methamphetamine labs, detected a distinct "odor of a meth lab coming from the house." (Tr.

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Ind. Code

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