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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. ATTORNEY FOR APPELLANT: MARIELENA DUERRING South Bend, Indiana

FILED
Dec 29 2009, 9:04 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana IAN McLEAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ROBERT LEE SMITH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 20A03-0905-CR-206

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable George W. Biddlecome, Judge Cause No. 20D03-0608-FA-39

December 29, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Robert Lee Smith appeals his conviction for Dealing in Cocaine,1 a class B felony, arguing that the evidence is insufficient to support the conviction. He also contends that the twenty-year sentence imposed by the trial court is inappropriate in light of the nature of the offense and his character. Finding sufficient evidence and finding the sentence to be appropriate, we affirm. FACTS On March 14, 2006, a Confidential Informant (CI) who was working with the Elkhart Police Department informed Detective Shawn Turner that drugs could be purchased at a Goshen apartment belonging to Amanda Leemon. The CI and Detective Turner met Detective Anderson2 in the area of Leemon's apartment. The CI and Detective Anderson entered Leemon's apartment. In the kitchen area, Detective Anderson produced a scale, and a man who identified himself as "Huss" produced a bag containing a white powdery substance. Tr. p. 105-06. At this point, Leemon ordered the men into the first floor bathroom because the kitchen window blinds were open and Leemon did not want anyone to observe the illegal activity. Detective Anderson, the CI, and Huss entered the bathroom. The detective told Huss that he wanted to buy an "eight-ball," which is slang for 3.5 grams of cocaine. Id. at 32-33, 107-09. Huss gave Detective Anderson some cocaine, and after the detective

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